In re Elijah L. CA1/4

Good Law
Court of Appeal of CaliforniaAugust 24, 2022A163021California1,057 words

Opinion

Opinion

Background On September 1, 2020, the Contra Costa County District Attorney filed a juvenile wardship petition (Welf. & Inst. Code, § 602) alleging that Elijah

1 had twice committed rape on an unconscious person (Pen. Code, § 261, subd. (a)(4)). On January 21, 2021, the court granted the prosecutor’s request to amend the petition to add an allegation of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)). After Elijah entered a plea of no contest to the felony assault allegation in exchange for the dismissal of the two rape allegations, the juvenile court sustained the petition. On June 22, 2021, at the conclusion of the contested dispositional hearing, the court placed Elijah on home supervision. Over trial counsel’s objection, the court ordered, among other conditions, that Elijah abstain from using alcohol and marijuana and that he submit to alcohol and drug testing as directed by the probation department. Elijah timely filed a notice of appeal. Discussion “ ‘The purposes of juvenile wardship proceedings are twofold: to treat and rehabilitate the delinquent minor, and to protect the public from criminal conduct.’ [Citation.] To those ends,…

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