People v. G.F. (In re G.F.)

Good Law
12 Cal. App. 5th 1·2017 Cal. App. LEXIS 482·218 Cal. Rptr. 3d 271·2017 WL 2333989
Court of Appeal of CaliforniaMay 30, 20172d Crim. No. B276109California2,000 words

Opinion

Lead Opinion

Perren, J.

*3 Appellant G.F., a minor, was the subject of a delinquency petition alleging that he possessed a sharpened letter opener on school grounds. (Pen. Code, § 626.10, subd. (a) ; Welf. & Inst. Code, 1 § 602.) Prior to arraignment, the court granted the prosecution's motion to dismiss the petition and proceed with an informal program of supervision "pursuant to [section] 654." After the probation department verified that appellant had successfully completed all that was required of him, he moved to have the records pertaining to his dismissed petition sealed under section 786. The prosecution opposed the motion and the trial court denied it.

We conclude appellant is entitled to have his records sealed under section 786. The statute, as relevant here, is intended to apply to minors, like appellant, who successfully complete an informal program of supervision after a delinquency petition has been filed against them. Although section 786 is intended to apply to minors who have a pending delinquency petition and have completed a program of supervision *273 under section 654.2 rather than section 654, this is only so because the latter form of supervision is supposed *4 to be undertaken…

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