People v. Jeffrey H.

Good Law
126 Cal. Rptr. 3d 597·196 Cal. App. 4th 1052·2011 Cal. App. LEXIS 796
Court of Appeal of CaliforniaJune 2, 2011No. G043777California2,362 words

Opinion

Lead Opinion

Bedsworth, J.

To facilitate a plea agreement, the juvenile court dismissed one count and added another to a wardship petition that was filed against respondent Jeffrey H. The prosecution objected to the court’s actions, and on appeal it contends the court exceeded its authority in amending the petition on its own accord. Although Jeffrey does not dispute this contention, he argues the People’s appeal should be dismissed because it is aimed at an order that underlies the court’s decision to grant him probation. We find the appeal cognizable and reverse the order amending the petition.

PROCEDURAL BACKGROUND

In the spring of 2010, the District Attorney of Orange County filed three separate petitions to declare Jeffrey a ward of the juvenile court pursuant to Welfare and Institutions Code section 602. 1 Taken together, the first two *1055 petitions charged Jeffrey with possessing methamphetamine and marijuana for sale, transporting Ecstasy, and two counts of possessing controlled substance paraphernalia. The third petition charged Jeffrey with a single count of second degree robbery.

Jeffrey, who was in custody, denied all of the allegations, and his trial was set for May 26. However,…

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