In re Devon A. CA4/1

Good Law
Court of Appeal of CaliforniaJune 20, 2016D068543California654 words

Opinion

Opinion

DISCUSSION

Minor contends the juvenile court erred by not sealing the records relating to his

first dismissed petition for which he completed an informal program of supervision.

According to Minor, the version of section 786 that became effective on January 1, 2015,

required the court to seal his prior petition. The People respond that the court had no

3 power to apply section 786 retroactively to seal a petition that was dismissed in 2011,

prior to the statute's effective date.3 We agree with the People.

We are guided by the well-established rule that a "new or amended statute applies

prospectively only, unless the Legislature clearly expresses an intent that it operate

retroactively." (People v. Ledesma (2006) 39 Cal.4th 641, 664; see Evangelatos v.

Superior Court (1988) 44 Cal.3d 1188, 1207 [" '[it] is an established canon of

interpretation that statutes are not to be given a retrospective operation unless it is clearly

made to appear that such was the legislative intent' "].)

Furthermore, to ascertain the Legislature's intent, "we must look to the statute's

words and give them their usual and ordinary meaning. [Citation.] The…

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