In re Moses G. CA4/3

Filed 11/9/15 In re Moses G. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re MOSES G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent, G051911

v. (Super. Ct. No. DL049869-001)

MOSES G., OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Fred W. Slaughter, Judge. Affirmed. James R. Bostwick, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

We appointed counsel to represent appellant Moses G. on appeal. Counsel filed a brief which set forth the facts of the case. Counsel did not argue against the client, but advised the court no issues were found to argue on appellant’s behalf. Appellant was given 30 days to file written argument in his own behalf. That period has passed, and we have received no communication from appellant. Moses was charged with four misdemeanors, two counts of commercial burglary and two counts of petty theft. Thereafter, the victim, the manager and owner of the business, declared the business received complete satisfaction and that: “Pursuant to Penal Code sections 1377 and 1378, I request that the prosecution of this action be stayed and the minor be discharged therefrom.” The juvenile court’s minutes state: “Civil compromise findings made without objections.” After the matter was resolved by civil compromise, Moses requested the court seal the juvenile records relating to a petition filed August 11, 2014. His request was denied. Welfare and Institutions Code section 7861 provides: “If the minor satisfactorily completes (a) an informal program of supervision pursuant to Section 654.2, (b) probation under Section 725, or (c) a term of probation for any offense not listed in subdivision (b) of Section 707, the court shall order the petition dismissed, and the arrest upon which the judgment was deferred shall be deemed not to have occurred. The court shall order sealed all records pertaining to that dismissed petition in the custody of the juvenile court, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether the minor is eligible for deferred entry of judgment pursuant to Section 790. The court may access a file that has been sealed pursuant to this section for