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Name: In re J.W.
Case #: B255656
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/06/2015

Juvenile court properly considered the seriousness of J.W.'s prior offenses in denying his request to seal his juvenile records (Welf. & Inst. Code, § 781, subd. (a)). J.W.'s juvenile records consisted of 14 incidents, including three counts of attempted robbery and battery causing serious bodily injury. After turning 18, J.W. petitioned the court to seal his juvenile records pursuant to section 781, subdivision (a). He presented evidence that he had improved his behavior, had finished high school, was taking community college classes, and wanted to join the Air Force. The juvenile court declined to seal J.W.'s records, finding that his…

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Name: People v. Superior Court (Flores)
Case #: D064350
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/21/2014
Subsequent History: Review granted 5/21/2014: S217404

Penal Code section 1170, subdivision (d)(2), regarding a juvenile offender's ability to petition for recall of his sentence, does not apply to a juvenile offender serving a long sentence which is not technically LWOP. Flores was 17 years old when he and an adult committed three first degree murder offenses that resulted in a sentence of 76 years to life. After serving 22 years in prison, Flores petitioned the court to recall his sentence under section 1170, subdivision (d)(2). The prosecution opposed the petition, contending that section 1170, subdivision (d)(2) did not apply because Flores was not sentenced to LWOP.…

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Name: In re J.S.
Case #: A135214
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/08/2013
Subsequent History: Ordered not published

Juvenile could not be "temporarily housed" at DJF because there was no evidence of a contract between DJF and the county. In 2009, 12-year-old J.S. was adjudicated a ward of the court pursuant to Welfare and Institutions Code section 602 based on a petition that alleged lewd and lascivious acts with a child in violation of Penal Code section 288, subdivision (a). Following an unsuccessful period of probation, the court committed J.S. to the custody of DJF for a maximum term of eight years. The Supreme Court then decided In re C.H. (2011) 53 Cal.4th 94, which interpreted sections…

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Name: In re Q.N.
Case #: C064967
District 3 DCA
Opinion Date: 12/07/2012

Juvenile court lacked authority to issue order requiring county office of education to fund a minor's residential placement since the office was not joined as a party under Welfare and Institutions Code section 727. Minor was adjudged a ward of the juvenile court and committed to the probation department for suitable placement. The county department of mental health recommended a residential placement and other services but, due to confusion regarding which school district the minor would reside in when she left the detention facility, the department was unable to identify a responsible school district to handle the education…

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Name: In re T.P.
Case #: B209520
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 09/17/2009

For purposes of Welfare and Institutions Code section 790 (deferred entry of judgment [DEJ]), a finding that minor has violated probation is not the equivalent of a revocation of probation, the latter which would result in DEJ ineligibility. Minor was declared a ward of the court and placed on formal probation in 2007. Thereafter, he admitted violating the terms of probation on two occasions and the court continued him on probation with modifications. In 2008, a third petition for violation of probation was filed, along with the prosecutor's declaration that the minor was ineligible for DEJ because he had…

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Name: In re L.M.
Case #: A124299
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/09/2009

The juvenile court properly denied father's motion for travel costs to visit a delinquent minor where insufficient evidence was provided to the court. The 12-year-old minor was declared a court ward under section 602 and placed in a residential treatment center several hundred miles away from his home. The goal of his case plan was reunification with his father, and monthly visitation was ordered. The minor filed a motion to compel the probation department to pay for his father's transportation costs to the monthly visits. The motion was denied, and the minor appealed. The appellate court concluded that a juvenile…

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Name: In re James H.
Case #: A116315
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/31/2007

Sealed juvenile court records may not be released for use in an SVP proceeding. As part of SVP proceedings prior to appellant's scheduled release from prison, the Board of Parole Hearings (BPH) petitioned for release of appellant's sealed juvenile records under Welfare and Institutions Code section 827. The juvenile court ordered release of the records to BPH without a hearing. Appellant contended on appeal that the juvenile court exceeded its authority when it released records previously sealed under section 781. The appellate court agreed and remanded the case. Juvenile court records may not be released…

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Name: In re Lemanuel C.
Case #: S144515
Court: CA Court of Appeal
District CalSup
Opinion Date: 05/24/2007

The extended detention scheme under Welfare and Institutions Code section 1800 satisfies the due process and equal protection clauses of the state and federal constitutions. Before the minor's term in the California Youth Authority had expired, his term was extended pursuant to section 1800. Before that term expired, the prosecutor filed a second section 1800 petition to extend his civil confinement. The petition alleged that appellant "would be physically dangerous to the public because of his mental...deficiency, disorder, or abnormality." The trial court granted the petition, finding beyond a reasonable doubt that appellant would be a…

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Name: In re Chong K.
Case #: C052051
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/23/2006

Proposition 21's amendment to section 781 applies to all petitions to seal juvenile records brought under that statute. The minor appellant was convicted of murder and committed to the California Youth Authority (CYA) in 1996, and was honorably discharged from CYA in October, 2004. In July, 2005, at his request, the probation department filed a petition to have his record sealed under Welfare and Institutions Code section 781, subdivision (a). On August 1, the court found appellant eligible to have his record sealed, but not yet suitable, and continued the matter to September for appointment of counsel. …

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Name: In re Schmidt
Case #: H029842
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/28/2006

Appellant, aged 34, sought release from CYA. In 1989, a 602 petition was sustained which alleged that the then 16-year old committed sodomy and first degree murder of a three-year-old girl. He was committed to CYA. At the age of 25, his commitment was extended pursuant to section 1800, and subsequently extended under that section for three additional two-year periods. In June, 2005, YOPB ordered his release on parole. The Board later rescinded the parole date because it did not have the authority to parole a person who has been committed under section 1800. …

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