People Ex Rel. Kottmeier v. Superior Court
Opinion
Opinion
Campbell, J.
The People, through the San Bernardino District Attorney, seek review of the trial court’s order dismissing as untimely a petition brought under Welfare and Institutions Code section 602. The People argue that the terms of Welfare and Institutions Code section 654 did not require such a ruling. We disagree, and therefore deny issuance of the peremptory writ.
Facts
On May 9, 1986, real party Greg T., hereinafter the minor, participated in an event later alleged as a petty theft.
On June 2, 1986, the People, through a probation officer, and the minor availed themselves of section 654 by signing an “Informal Probation Agreement.” The agreement stated: “In lieu of filing a Petition in the Juvenile Court and with the consent of the parents or guardians of [the minor] the San Bernardino County Probation Department will undertake a program of supervision not to exceed six months pursuant to section 654 of the Juvenile Court Law.” (Italics added.) The agreement provided, among other things, that the minor would make restitution, seek counseling, not associate with a certain person, and obey all laws.