People v. S.G. CA2/3

Filed 9/4/20 P. v. S.G. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B296711

Plaintiff and Respondent, Los Angeles County Super. Ct. No. YJ39061 v.

S.G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, J. Christopher Smith, Judge. Reversed and remanded with instructions.

Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Scott A. Taryle, Assistant Attorney General, Steven D. Matthews and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Minor S.G. appeals from an order of the juvenile court denying his motion under Welfare and Institutions Code section 786, subdivision (e),1 to seal the records of his juvenile proceedings after the court dismissed the section 602 petitions filed against him. The Attorney General agrees the statute requires the court to seal the records. Accordingly, we reverse the court’s order denying S.G.’s motion to seal and remand the matter with instructions to the juvenile court to seal the records of S.G.’s proceedings. FACTS AND PROCEDURAL BACKGROUND On February 1, 2017, the Los Angeles County District Attorney filed a petition under section 602 alleging S.G. had committed second degree robbery. On April 24, 2017, S.G.’s counsel declared a doubt as to his competency. The court suspended proceedings and appointed Dr. Nancy Kaser-Boyd to evaluate S.G. and prepare a report. On August 2, 2017, the prosecutor and S.G.’s counsel submitted on Dr. Kaser-Boyd’s report and the court—based on that report—found S.G. not competent. Proceedings remained suspended. In the meantime, on June 13, 2017, the District Attorney filed a second petition against S.G., alleging first degree burglary, taking or driving a vehicle without consent, and resisting arrest. On August 22, 2017, the District Attorney filed a third petition, alleging S.G. had possessed a firearm. In the nearly 17 months that followed, S.G. received competency training, first from the Probation Department and