People v. Joshua R.

Filed 1/19/16

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re JOSHUA R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G052965 Plaintiff and Respondent, (Super. Ct. No. DL049628-001) v. OPINION JOSHUA R.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Cheryl L. Leininger, Judge. Affirmed in part, reversed in part and remanded. John L. Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Corina and Meagan J. Beale, Deputy Attorneys General, for Plaintiff and Respondent.

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The juvenile court dismissed Joshua R.’s juvenile adjudication after he successfully completed probation. The court declined to seal his record, however, because of an ongoing probation condition stating he was not permitted to own a firearm before he turned 30 years old. Joshua argues this was error. We agree. The pertinent issue is whether the substantive Penal Code section addressing future firearm ownership for minors in his situation conflicts with the Welfare and Institutions Code section requiring the juvenile court to seal records upon the successful completion of probation. We conclude these statutes can be harmonized to effect the purposes of each. Accordingly, we find the court erred by not sealing Joshua’s record, and reverse the court’s order in that respect.

I FACTS Joshua admitted the following misdemeanor offenses in June 2014: 1 domestic violence battery (Pen. Code, § 243, subdivision (e)(1)); harassment by means of an electronic device (§ 653.2, subd. (a)); and two violations of a restraining order. (§ 273.6, subd. (a).) The court declared Joshua to be a ward of the court, kept him in his parents’ custody, and imposed probation conditions. One such condition is listed in the minute order as: “[S]ection 29820 applies. Minor may not own or possess any firearm until age 30. Probation officer to notify Department of Justice as required by law.” The record also reflects that a California Department of Justice (DOJ) form entitled “Juvenile Court Report of Firearm Prohibition” (Firearm Form) was submitted to the DOJ. In December 2015, the court determined Joshua had successfully completed probation. The minute order shows that Joshua’s motion to withdraw his plea was granted. The court stated: “So I am going to order then that probation be terminated,