Ignacio

Paul J. Pfingst, District Attorney, Thomas F. McArdle and Peter J. Cross, Deputy District Attorneys, for Real Party in Interest.

McDONALD, J.

Petitioner Ignacio R. was adjudicated a ward of the juvenile court under Welfare and Institutions Code section 602 [1] and placed on probation. While on probation, petitioner engaged in a fight that violated his probation and allegedly violated Penal Code section 245, subdivision (a)(1). The San Diego County Probation Department filed a motion alleging petitioner violated probation and seeking modification of the previous dispositional order. At the hearing on this motion, petitioner admitted to violating probation by engaging in two fights; the court then set a dispositional hearing.

Before the dispositional hearing, the prosecuting attorney filed a new section 602 petition alleging petitioner's fight violated Penal Code section 245, subdivision (a)(1). Petitioner moved to dismiss the section 602 petition, arguing that double jeopardy principles barred the prosecuting attorney from pursuing the new section 602 petition because the probation department's motion to modify the previous probation dispositional order was based on the same…