People v. Marcus A.

California Court of Appeal Aug 8, 2001 No. E027896Published

Before: Ramirez

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Holding. The court held that a juvenile probation violation amounting to a criminal offense cannot be pursued under the amended Welfare and Institutions Code section 777, which applies only to non-criminal misconduct.

Issues

Whether a juvenile's possession of cigarettes, which constitutes a criminal offense, may be adjudicated as a probation violation under Welfare and Institutions Code section 777.

Disposition. reversed

Quotations verified verbatim against the opinion

“From that date, the statute has applied only to those violations of probation that do not amount to a crime.”

“Because this alleged probation violation occurred after the amended statute’s effective date and amounted to a criminal offense, it should not have been pursued in proceedings initiated under the amended version of Welfare and Institutions Code section 777.”

Opinion

RAMIREZ, P. J.

The defendant, Marcus A., appeals from an order committing him to the California Youth Authority (CYA) after a contested dispositional hearing, arguing that the proceedings were improperly initiated pursuant to Welfare and Institutions Code section 777.

The People concede that prejudicial error occurred. We agree and reverse.

[425]

Facts and Procedural History

Marcus A. became involved with the juvenile courts at age 13, when, in December 1997, the San Bernardino County District Attorney filed a petition alleging that he was a person coming under the provisions of Welfare and Institutions Code section 602 because he had committed the crime of grand theft in violation of Penal Code section 487, subdivision (a). An amended petition was later filed, alleging two additional counts: petty theft in violation of Penal Code section 488, and giving false information to a police officer in violation of Penal Code section 148.9, subdivision (a).

On June 23, 1998, Marcus A. voluntarily admitted the grand theft count. On the motion of the district attorney the remaining two counts were dismissed. Marcus A. was found to come under the provisions of section 602 and was retained in juvenile hall. At a dispositional hearing on July 8, 1998, Marcus A. was declared a ward of the court, placed on probation and released to the custody of his aunt with specified terms and conditions of probation.

Some six weeks later a supplemental petition for more restrictive placement was filed under Welfare and Institutions Code section 777, subdivision (a)(2), alleging that Marcus A. had violated terms of his probation by removing an electronic monitoring device, running away from home, and testing positive for marijuana. Then, on September 1, 1998, a subsequent juvenile wardship petition was filed, alleging that Marcus A. had committed the crime of second degree robbery in violation of Penal Code section 211, and had received stolen property in violation of Penal Code section 496. Marcus A. voluntarily admitted violating Penal Code section 496 and the trial court dismissed the robbery count and the allegations that he violated terms of his probation. At the dispositional hearing the court ordered Marcus A. continued in juvenile hall pending his placement in a foster care facility. As of October 15, 1998, he was placed in Joy House.

People v. Marcus A.

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RAMIREZ, P. J.

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