California Court of Appeals, First District, First Division
In re W.R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
W.R., Defendant and Appellant.
Francisco County Superior Court, No. JW14-6119 Hon. Linda
Colfax Trial Judge
Jeffrey A. Glick, under appointment of the Court of Appeal
under the First District Appellate Project, Independent Case
Becerra, Attorney General, Gerald A. Engler and Jeffrey M.
Laurence, Assistant Attorneys General, Donna M. Provenzano
and Christina Vom Saal, Deputy Attorneys General, for
Plaintiff and Respondent.
W.R. appeals from the San Francisco Superior Court's
order denying his motion to seal certain records pursuant to
Welfare and Institutions Code section 786. This appeal
involves the meaning of the phrase “in the case”
used in several subsections of that statute. We find that the
phrase does not reference the entire juvenile court file, as
the minor contends. Nevertheless, we conclude for other
reasons the court should have sealed the records in a case
dismissed as part of a plea bargain with another case; had
the discretion under section 786, subdivision (e)(1) to seal
the records pertaining to another petition in which the
allegations were found not true; but did not have the
discretion under section 786, subdivisions (b) or (e)(1) to
seal the records pertaining to a petition filed subsequent to
the last petition for which the minor was placed on
probation. However, as to that petition, the minor may seek
to have his records sealed pursuant to section 781. Thus, we
reverse in part and affirm in part the court's orders and
remand for further proceedings consistent with the views
expressed in this opinion.
OF THE CASE
Original San Mateo County Petition No. 82358.
January 15, 2013, the San Mateo County District Attorney
filed an original wardship petition under Welfare and
Institutions Code section 602 charging appellant with
possession of a dirk or dagger (Pen. Code, § 21310,
count 1), battery (Pen. Code, § 242, count 2), and
resisting arrest (Pen. Code, § 148, subd. (a)(1), count
3). At his jurisdictional hearing, appellant admitted a
violation of count 1, with the remaining counts dismissed. At
his disposition hearing, the court found minor a ward of the
court and removed custody from his parents but ordered him to
reside with his mother under the supervision of the Family
Preservation Program.” (In re W.R.,
supra, A144659/A145118, at p. *2.)
Second San Mateo County Petition No. 82358.
July 24, 2013, the San Mateo District Attorney filed a second
wardship petition accusing appellant of vandalism (Pen. Code,
§ 594, subd. (b)(2)(A)). The minor admitted the charge
on August 14, 2013. Minor's supervision under the Family
Preservation Program was extended and he was detained at the
Youth Services Center for 24 consecutive days.” (In
re W.R., supra, A144659/A145118, at p. *2.)
Probation Violation Petitions in San Mateo County No.
probation officer filed a notice of probation violation
against appellant under... section 777, subdivision (a) on
December 19, 2013. The petition alleged minor failed to
attend the Community Care Program, was truant in school
attendance, failed to observe curfew, and tested positive for
marijuana. The minor admitted the truancy violation and the
court dismissed the remaining allegations. As a result of the
violation, the court ordered 30 consecutive days of
March 5, 2014, the juvenile probation department filed a new
notice of probation violation. The notice alleged continued
truancy, failure to attend Community Care Program, failure to
follow his curfew restrictions, and positive tests for
marijuana use. The minor admitted to truancy and the
remaining contentions were dismissed. He was ordered detained
for 45 consecutive days and the court terminated the original
condition placing the minor in the Family Preservation
Program. On April 17, 2014, the court permitted the minor to
reside with his father at his home, as well as with his
mother at her residence, after the probation officer agreed
with the recommendation.
San Mateo Superior Court ordered the minor's case
transferred to San Francisco on April 28, 2014. San
Francisco County did not accept the transfer and the case
went back to San Mateo County on May 19, 2014.”
(In re W.R., supra, A144659/A145118, at pp.
*2-*3, italics added.)
Third Petition Filed in San Francisco County No.
September 5, 2014, the San Francisco District Attorney filed
a third wardship petition charging appellant with robbery
(Pen. Code, § 211, count 1), assault by force likely to
cause great bodily injury (Pen. Code, § 245, subd.
(a)(4), count 2), and false personation (Pen. Code, §
148.9, subd. (a), count 3). After a contested jurisdiction
hearing, the trial court found the allegations not true
and returned the ...