People v. Juan C.

Opinion

EPSTEIN, J.

In this case we conclude that an order by the juvenile court under Welfare and Institutions Code section 782

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dismissing a delinquency petition against a minor in “the interests of justice” must be reversed because the trial court failed to state its reasons in the minutes, as required by rule 1493 of the California Rules of Court.

Factual and Procedural Summary

On May 29, 1992, the Los Angeles County District Attorney filed a petition in the juvenile court alleging that Juan C., a minor, came within the provisions of section 602 by reason of his commission on May 5, 1992, of seven acts constituting felonies. On June 19, 1992, the minor admitted count 7, receiving stolen property (Pen. Code, § 496, subd. (a)) as a misdemeanor, and the juvenile court dismissed the remaining counts. Disposition of the admitted count was calendared for July 30, 1992.

On July 20, 1992, the district attorney filed a second section 602 petition against the minor, alleging a misdemeanor violation of Business and Professions Code section 25662, possession of alcohol by a minor in a public place. On July 30, 1992, the juvenile court scheduled a combined hearing on September 3 for disposition on the first petition and adjudication of the second petition.

On August 25, 1992, before that combined hearing had occurred, the district attorney filed a third section 602 petition against the minor, this time

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alleging his commission of two felonies: robbery (Pen. Code, §211) with use of a firearm on August 24, 1992, and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) on July 30, 1992. The petition alleged that the minor was not a fit and proper subject to be dealt with under the juvenile court law. (§ 707.)

The juvenile court advanced the September 3 date for the combined hearing on the two earlier petitions, then continued all three matters to a hearing on September 15, 1992. On that date the juvenile court granted the People’s section 707 motion, finding the minor unfit to be dealt with under the juvenile court law. The People then inquired about disposition of the first petition, which had been sustained. The court observed that since the minor was found unfit for the juvenile court, it would be inconsistent to make a dispositional order keeping him in the juvenile court. The court contemplated the effect of a juvenile court disposition of the first sustained petition on the prosecution of the felony charges alleged in the third petition. The court noted that the felony prosecution could take several months, and expressed concern that camp placement on the first petition would not only create difficulties regarding the minor’s ability to cooperate with his attorney on the felony charges, but also would present problems in transporting the minor to and from court. The court wondered “[h]ow will camp be other than simply a place to keep him locked up pending further proceedings?” The court concluded by dismissing the first petition “in the interest of justice because the court is not going to make a disposition following an[] order having found him unfit.” The court minutes reflected only that the petition had been dismissed in the interests of justice. The People filed a timely notice of appeal from the order of dismissal.