People v. A.O. (In re A.O.)

*392 A.O. appeals the juvenile court's order recommitting him to the Division of Juvenile Facilities (DJF) pursuant to Welfare and Institutions Code 1 section 707, subdivision (b) (hereinafter section 707(b) ). The California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ) rejected the initial commitment-which was ordered following a violation of probation-because it was based on a section 602 petition in which the most recent offense was not a DJF-qualifying offense (§ 733, subd. (c), hereinafter section 733(c)). The court then granted the prosecutor's motion to dismiss the non-qualifying offense and ordered the recommitment. Appellant contends the court erred. We agree and reverse.

FACTS AND PROCEDURAL HISTORY

In May 2014, a section 602 petition was filed alleging that appellant had committed a second degree robbery on April 30, 2014 ( Pen. Code, § 211 ; count 1) and had resisted an executive officer on May 12, 2014 ( id. , § 69; count 2). Appellant subsequently admitted the allegations. The court declared him a ward, designated both offenses as felonies, and placed him home on probation with terms and conditions. In June 2016, appellant was…