Alonzo G. v. Super. Ct. CA5

STATEMENT OF FACTS

In 2012, the minor, Alonzo G., admitted a petition pursuant to Welfare and Institution Code section 602,1 which alleged felony second-degree robbery (Pen. Code, § 211) and a felony assault with force likely to cause great bodily injury (Pen. Code, § 245). The minor was made a ward of the court and ordered to participate in the Youth Treatment Center Unit for a period of 90 to 180 days. On April 22, 2014, a section 602 petition was filed alleging that the minor violated Health and Safety Code sections 11378 (possession for sale) and 11550 (being under the influence). On May 13, 2014, a section 777 petition was filed alleging a violation of probation. On May 28, 2014, a hearing was held. The prosecution informed the court that the section 602 petition had been filed by mistake and requested the court to arraign the minor on the section 777 petition. The minor objected to the dismissal. At that hearing, the court did not expressly dismiss the section 602 petition. The section 602 petition was dismissed by minute order filed on May 28, 2014, which did not contain the findings required by In re Juan C. (1993) 20 Cal.App.4th 728, 752-753 and In re Albert M. (1992) 7…