In Re Richard C.

Pursuant to Welfare and Institutions Code section 707, a minor 16 years of age or older may be determined unfit for treatment by the juvenile court and thereby relegated to disposition as an adult. In certain contexts prior cases have determined that once the juvenile court finds a minor unfit, it loses jurisdiction to process pending or future section 602 petitions. In this case we must determine whether this prohibition extends to a situation in which the finding of unfitness was made in a proceeding where the petition was later dismissed. We conclude it does not. We also conclude the juvenile court did not abuse its discretion in sentencing this defendant, Richard C., to 240 days in a juvenile ranch facility. Accordingly, we affirm.

Factual and Procedural Background

In separate incidents in October and November 1988, Richard was found in possession of marijuana and rock cocaine. As a result, a section 602 petition was sustained and he was placed on probation. In June 1989 a second petition was sustained arising out of allegations of weapons possession, curfew violation, associating with known gang members and wearing gang colors. After completion of certain…