In re G.F.

Filed 5/30/17 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re G.F., a Person Coming 2d Crim. No. B276109 Under the Juvenile Court Law. (Super. Ct. No. 2015035760) (Ventura County) THE PEOPLE,

Plaintiff and Respondent,

v.

G.F.,

Defendant and Appellant.

Appellant G.F., a minor, was the subject of a delinquency petition alleging that he possessed a sharpened letter opener on school grounds. (Pen. Code, § 626.10, subd. (a); Welf. & Inst. Code,1 § 602.) Prior to arraignment, the court granted the prosecution’s motion to dismiss the petition and proceed with an informal program of supervision “pursuant to [section] 654.” After the probation department verified that appellant had successfully completed all that was required of him, he moved to have the records pertaining to his dismissed petition sealed

1 All statutory references are to the Welfare and Institutions Code unless otherwise stated.

under section 786. The prosecution opposed the motion and the trial court denied it. We conclude appellant is entitled to have his records sealed under section 786. The statute, as relevant here, is intended to apply to minors, like appellant, who successfully complete an informal program of supervision after a delinquency petition has been filed against them. Although section 786 is intended to apply to minors who have a pending delinquency petition and have completed a program of supervision under section 654.2 rather than section 654, this is only so because the latter form of supervision is supposed to be undertaken in lieu of filing of a petition. Once a petition has been filed, as it was here, the minor’s program of supervision is governed by section 654.2, not section 654. The People, having created the conundrum by urging the court to prematurely dismiss appellant’s petition “pursuant to [section] 654,” cannot be heard to claim otherwise. Accordingly, we reverse. FACTS AND PROCEDURAL HISTORY On November 13, 2015, appellant was charged in a section 602 petition with possessing a weapon on school grounds. At the arraignment hearing, the People “move[d] to dismiss the petition pursuant to [section] 654 . . . [a]nd . . . request[ed] that the Court[] refer it back to Youth Services for handling.” The court asked defense counsel if he had any objection and counsel replied, “No objection.” The court then ordered the petition “dismissed under section 654, [f]or informal handling” and directed appellant “to report to Probation so that can happen.” The court asked appellant “do you understand what’s occurring here” and appellant replied, “Yes, your honor.” The court explained: “So