People v. Superior Court

The People appeal an order granting the petition of Manuel G. to seal his juvenile records pursuant to Welfare and Institutions Code section 781. On appeal the People contend the court erred by concluding amendments to section 781 enacted in 2000 pursuant to Proposition 21 did not apply to preclude sealing of juvenile records relating to Manuel’s Penal Code section 288, subdivision (b) offense in 1995. The court concluded application of the 2000 amendment would violate the state and federal Constitutions’ equal protection clauses and prohibitions against ex post facto laws. Manuel argues there is no statutory basis on which the People may file an appeal of the order and we therefore should dismiss their appeal. Because the People do not have a statutory basis on which to appeal the order, we dismiss the appeal. Nevertheless, we treat the People’s appeal as a petition for writ of mandate and grant that petition.

Factual and Procedural Background

In July 1996 a section 602 petition was filed charging Manuel with two counts of committing a forcible lewd and lascivious act on a child under the age of 14 (Pen. Code, § 288, subd. (b)). Manuel was 15 years old in December 1995…