In re Joshua M. CA2/7

DISCUSSION

Section 733 provides that a minor may not be committed to DJF “if 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.” (§ 733, subd. (c).) On appeal, Joshua contends the most recently committed offense rather than the most recent petition filed determines whether a ward may be committed to the DJF and the juvenile court abused its discretion by ordering him committed to the DJF. During the pendency of this appeal, the California Supreme decided In re D.B, supra, 58 Cal.4th 941, in which a minor was charged in a wardship petition with a series of crimes, including robbery, a section 707, subdivision (b) offense. The petition further alleged on a later date the minor resisted arrest and falsely identified himself to a police officer. Neither of these offenses is listed in section 707, subdivision (b). (In re D.B., supra, 58 Cal.4th at p. 945.) The juvenile court found the allegations true, sustained the petition and committed the minor to DJF.…