D.J.

People v. D.J.

Good Law
110 Cal. Rptr. 3d 261·185 Cal. App. 4th 278·2010 Cal. App. LEXIS 800
Court of Appeal of CaliforniaJune 3, 2010No. A125867California4,354 words

Opinion

lead Opinion

Ruvolo, J.

Appellant contends that the juvenile court’s action in committing him to the Division of Juvenile Justice 1 was statutorily unauthorized under Welfare and Institutions Code section 733, subdivision (c) (section 733(c)), because the most recent offense alleged in a petition admitted or found to be true against appellant was not a DJJ-eligible offense—that is, an offense for which DJJ commitment is authorized under Welfare and Institutions Code section 707, subdivision (b) (section 707(b)). We conclude that the last offense alleged in a petition, and admitted by appellant, was robbery. Properly construed, the subsequently filed charging documents alleging probation violations against appellant using mandatory Judicial Council forms were not “petitions” within the meaning of section 733(c). Because robbery is a DJJ-eligible offense under section 707(b), we reject appellant’s contention, and affirm the juvenile court’s order.

*281 FACTS AND PROCEDURAL BACKGROUND

A. Petitions Filed in 2007

Appellant was bom in 1992. The delinquency proceedings against him, which had a lengthy history before culminating in this appeal, began when appellant was 13 years old. 2 On January 3,…

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