In re Brandon H.

Filed 8/5/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re BRANDON H., a Person Coming Under the Juvenile Court Law.

A166195

THE PEOPLE,

(Contra Costa County Plaintiff and Respondent, Super. Ct. No. J1701357) v.

BRANDON H.,

Defendant and Appellant.

Appellant Brandon H. (Brandon) was the subject of three juvenile wardship petitions. Brandon petitioned for the first and third petitions to be dismissed and sealed pursuant to Welfare and Institutions Code section 786.1 The juvenile court refused to do so on the basis that the allegations sustained in the second petition precluded the dismissal and sealing of any of the petitions. In so doing, the juvenile court improperly failed to consider the petitions individually. We find the third petition must be dismissed and the records pertaining to it sealed pursuant to the mandatory provisions of section 786. However, as Brandon did not meet the mandatory section 786 criteria in

All further undesignated statutory references are to the Welfare and Institutions Code.

1 relation to the first petition, the court could not dismiss the first…