People v. Albert W.

Good Law
192 Cal. Rptr. 3d 720·2015 Cal. App. LEXIS 802·240 Cal. App. 4th 411
Court of Appeal of CaliforniaSeptember 11, 2015No. C073744California2,413 words

Opinion

lead Opinion

Duarte, J.

Delinquent minor Albert W. timely appeals from an order committing him to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF). 1 He contends (1) insufficient evidence supports *414 the finding that he was competent; (2) the most recent sustained petition filed against him was a Louisiana petition that precludes a DJF commitment; (3) he was misadvised about the possible consequences of his admission; and (4) the juvenile court abused its discretion by committing him to the DJF.

As we shall explain in the published portion of this opinion, part IIA. of the Discussion, the term “any petition” as used in Welfare and Institutions Code section 733,* 2 which limits commitments to DJF based on the nature of the “most recent offense alleged in any petition,” does not encompass sister-state delinquency petitions as the minor claims. In the remainder of the opinion, we reject the minor’s other claims of reversible error. We shall affirm.

BACKGROUND

The minor was made a ward at age 12 based on his May 1, 2008, admission to second degree robbery, after which a petition alleging residential burglary and knowing receipt of stolen property was…

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