People v. Michael D.

[1282]Opinion

CAMPBELL, P. J. Statement of the Case

On May 25, 1987, the minor was detained on suspicion of burglary. On June 1, 1987, the People, through a probation officer, and the minor, both personally and through his mother, availed themselves of the provisions of Welfare and Institutions Code section 6541 by signing an “Informal Probation Agreement.” The agreement stated: “In lieu of filing a Petition in the Juvenile Court and with the consent of the parents or guardians of (the minor) the San Bernardino County Probation Department will undertake a program of supervision not to exceed six months pursuant to section 654 of the Juvenile Court Law.” The agreement provided, among other things, that the minor obey all laws.

On November 9, 1987, the minor was arrested for petty theft. On December 1, 1987, the district attorney filed a petition under section 602 alleging the May 25, 1987, residential burglary (Pen. Code, § 459) as count one and the November 9, 1987, petty theft from a merchant (Pen. Code, §§ 488, 490.5) as count two. The minor moved to dismiss the petition on the ground that it was barred by section 654 as to the burglary count which was the genesis of the “Informal Probation Agreement.” The motion to dismiss was denied on March 22, 1988, and this court summarily denied minor’s subsequent petition for writ of prohibition and/or mandate.

On August 2, 1988, the juvenile court found the burglary allegation to be true based on minor’s admission and dismissed the petty theft allegation. On August 26, 1988, the district attorney filed a petition alleging two counts of misdemeanor battery (Pen. Code, § 242) and on August 29, 1988, the court found one count to be true based on the minor’s admission and dismissed the remaining battery count. On September 16, 1988, the minor was declared a ward of the court and his custody was taken from his parents.

Issue

The sole issue presented is whether or not the terms of section 654 constituted a bar to the filing of a petition against the minor on December 1, 1987, charging him with the burglary of May 25, 1987, which had formed the basis of the 654 agreement which had been executed on June 1, 1987. [1283]