In re D.T. CA3

DISCUSSION

Section 733 provides in pertinent part: “A ward of the juvenile court who meets any condition described below shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities: [¶] . . . [¶] (c) The ward has been or is adjudged a ward of the court pursuant to Section 602, and the most recent offense alleged in any petition and admitted or found to be true by the court is not described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code.” (Italics added.) D.T. claims “the most recent offense alleged in any petition and admitted or found to be true by the court” is the most recently committed offense that is alleged in any petition and admitted or found to be true by the court. The People respond that the language in question “refers to the date the allegation occurred and the date of the adjudication,” not the most recent offense actually committed. While this case was pending on appeal, our Supreme Court decided In re D.B. (2014) 58 Cal.4th 943, 944, which held, “The plain language of section 733 [subdivision] (c) mandates that a minor may not be committed to DJF unless the most recently…