In re Jhonny S.

Good Law
Court of Appeal of CaliforniaNovember 10, 2022A164489California1,881 words

Opinion

Opinion

facts set forth in the respondent’s brief were never found true in court and are wholly irrelevant to the issue raised in this appeal. We share Jhonny’s expression of consternation with the People’s conduct in this regard.

DISCUSSION

The sole issue on appeal is whether section 1179, subdivision (d) required the juvenile court to dismiss Jhonny’s section 602 petition based on the honorable discharge he obtained from the DJJ, or whether the court properly exercised its discretion under section 782 to decline to dismiss it. This purely legal issue involving statutory interpretation is reviewed de novo. (In re David T. (2017) 13 Cal.App.5th 866, 871 (David T.).) “Our fundamental task in construing a statute ‘is to ascertain the Legislature’s intent [and] effectuate the law’s purpose. [Citation.] We begin our inquiry by examining the statute’s words, giving them a plain and commonsense meaning. [Citation.] In doing so, however, we do not consider the statutory language “in isolation.” [Citation.] Rather, we look to “the entire substance of the statute . . . in order to determine the scope and purpose of the provision . . . . [Citation.]” [Citation.] That is, we construe the words…

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