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The People v. D. B

March 1, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
D. B., DEFENDANT AND APPELLANT.



(Super. Ct. No. J23871)

The opinion of the court was delivered by: Blease, Acting P. J.

P. v. D.B.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant, D.B., petitioned under Welfare and Institutions Code section 781 to seal his juvenile records in this case relating to an admitted charge of committing a lewd act upon a child. (Pen. Code, § 288, subd. (a); Welf. & Inst. Code, § 781.) The juvenile court denied the petition under Welfare and Institutions Code section 781, stating from the bench that it did so because D.B. had subsequently been convicted of a felony, and the court was not satisfied D.B. had been rehabilitated.

D.B. appeals from the denial of his Welfare and Institutions Code section 781 petition on the ground the trial court misinterpreted the statute and mistakenly believed that the nature of his juvenile adjudication rendered him ineligible to have the record sealed. We find no abuse of discretion and shall affirm.

BACKGROUND

In 1996, when he was 13 years old, D.B. admitted allegations he sexually molested his six-year-old sister. (Pen. Code, § 288, subd. (a).) The court declared him a ward of the court and placed him on probation.

Following various probation violations, D.B. was terminated from his court-ordered group home placement and committed to the California Youth Authority (CYA).

In 2007, when D.B. was 23, he filed his first petition to seal his juvenile records, pursuant to Welfare and Institutions Code section 781.*fn1 The petition was denied.

In February 2010, when he was 26 and incarcerated on unrelated charges, D.B. filed the instant petition to seal his juvenile records. At the hearing on the petition, the court first indicated it "would be inclined to deny the request to seal pursuant to [section] 781. [D.B.] has been convicted of a felony subsequent to this juvenile adjudication. The Court is not satisfied he's been rehabilitated." After a brief exchange, it stated, "The Court is going to deny the petition to seal the record based on the fact that [D.B.] has a subsequent felony conviction and the Court is not satisfied that he's been rehabilitated."*fn2

The prosecutor then remarked that D.B. had been "sentenced to 2 years['] state prison for gassing someone while he was in the facility." D.B.'s appointed counsel responded, "That's probably for spitting. That's how they charge it down there.

"I'll submit on the issue. This is Mr. B.'s second attempt at sealing the record. His main concern is he wants to be relieved from the requirement to register. Unfortunately, his adjudication that land[ed] him in the youth authority was a sex related offense. He is ineligible by law to have his record sealed and I don't think he discharged honorably. I think he completed his parole. I have ...


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