California Court of Appeals, Second District, Sixth Division
In re G.F., a Person Coming Under the Juvenile Court Law.
G.F., Defendant and Appellant THE PEOPLE, Plaintiff and Respondent,
modified June 6, 2017.
Superior Court County of Ventura, No. 2015035760, Kevin J.
[Copyrighted Material Omitted]
P. Lipson, Ventura County Public Defender, Michael C.
McMahon, Chief Deputy Public Defender and William Quest,
Deputy Public Defender, for Defendant and Appellant.
Becerra and Kamala D. Harris, Attorneys General, Gerald A.
Engler, Chief Assistant Attorney General, Lance E. Winters,
Assistant Attorney General, Paul M. Roadarmel, Jr., and Rene
Judkiewicz, Deputy Attorneys General, for Plaintiff and
P. J., and Tangeman, J., concurring.
Cal.Rptr.3d 272] PERREN, J.
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, § 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 under section
786. The prosecution opposed the motion and the trial court
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 [218 Cal.Rptr.3d 273] 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 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] ...