In re Martin M. CA4/3

Good Law
Court of Appeal of CaliforniaMay 2, 2013G047568California765 words

Opinion

Opinion

Bedsworth, J.

FACTS

On July 16, 2012, appellant admitted allegations contained in a wardship petition that he shoplifted beer and illegally possessed alcohol in May 2011. The admission was part of a negotiated disposition pursuant to which the court declared appellant a nonward and placed him on probation subject to various terms and conditions. (Welf. & Inst. Code, § 725.) The court also ruled appellant could move to withdraw his plea and have the allegations dismissed in six months, in January 2013, if he complied with the terms of his probation and had “no new legal violations.” Two weeks later, on August 1, 2012, a second petition was filed against appellant. The petition alleged appellant tampered with and took personal property from several vehicles. The crimes were alleged to have occurred in June 2012, but they were not brought to the court’s attention when it accepted appellant’s plea on the first petition the following month. Consequently, they were not factored into the negotiated disposition the court accepted in that matter. The prosecutor did not want that scenario to repeat itself. While negotiating with the defense on the second petition, he was willing to let appellant remain…

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