In re P.J. CA1/3

Background In a petition under Welfare and Institutions Code section 602, P.J., then 15 years of age, was alleged to have committed two counts of attempted second degree robbery

1 All statutory references are to the Penal Code unless otherwise noted.

1 (§§ 664, 211, 212.5, subd. (c)). At the dispositional hearing, a third count was added to the petition alleging that P.J. had committed attempted felony grand theft (§§ 664, 487, subd. (c)). P.J. admitted the new charge, the other two counts were dismissed, and P.J. was declared a ward of the court and placed on probation. 2 Subsequently P.J. filed a motion under section 1170.18 to reduce the sustained felony violation to a misdemeanor. After extensive briefing and multiple hearings, the court found that the disposition of the petition was the result of a plea bargain and denied the motion on the ground that section 1170.18 does not apply in the case of a plea bargain. P.J. has timely appealed from the denial of the motion. Discussion Section 1170.18 provides in relevant part: “(a) A person currently serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor…