In re M.C. CA1/1

Filed 2/28/14 In re M.C. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re M.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Appellant, v. M.C., A138451 Defendant and Respondent. (San Francisco City & County Super. Ct. No. JW126363)

The People, through the San Francisco District Attorney’s Office, appeal from an order of the juvenile court denying the victims of a home burglary permission to obtain a copy of the probation officer’s dispositional report pertaining to defendant M.C., a minor. The People contend the victims were entitled to view this confidential report under the victim’s rights provisions of Marsy’s Law.1 After receiving supplemental briefing as to whether the challenged order is cognizable on appeal, we have determined this court does not have jurisdiction to reach the merits of the issues because the People are appealing from a nonappealable order. Accordingly, we dismiss the appeal.

1 California voters, in November 2008, passed Proposition 9, also known as the Victims’ Bill of Rights Act of 2008: Marsy’s Law. This initiative added or enhanced several state constitutional rights of victims.

1

FACTUAL AND PROCEDURAL BACKGROUND It is unnecessary to set forth a detailed recitation of the facts underlying the issues raised in this appeal.2 On September 24, 2012, the San Mateo County District Attorney filed a juvenile wardship petition against defendant per Welfare and Institutions Code section 602, subdivision (a).3 The petition alleged six counts of felony residential burglary (Pen. Code, § 460, subd. (a)); six counts of grand theft (Pen. Code, § 487, subd. (a)); one count of felony attempted residential burglary (Pen. Code, §§ 664, 460, subd. (a)); and one count of felony possession of stolen property (Pen. Code, § 496, subd. (a)). On September 25, 2012, a detention report was filed stating that defendant had participated in numerous residential burglaries. An adult woman would drive him and another minor to a residential area and knock on doors, while the minors waited in the vehicle. She would instruct them as to which house to break into, and the other minor would use a crowbar to gain access via the rear door of the residence. The two minors would then grab property and leave. They gave all the items to the woman, who then sold them. She gave defendant about $200. Following a search warrant, several items were seized as possible stolen property from the woman’s residence. At the jurisdiction hearing held on October 11, 2012, defendant admitted the petition. The juvenile court found three counts of residential burglary to be true. The case was ordered transferred to the County and City of San Francisco, where defendant resides, for disposition. A detention report filed by the San Francisco Juvenile Probation Department states that defendant’s great grandmother had been his guardian since his birth. She indicated he had started acting out during the past year, following the death of his father. Prior to that time, he had been well behaved and respectful. He reportedly stated to the probation