In re Greg F.

This case involved a ward on probation for an offense that made him eligible for commitment to the Division of Juvenile Facilities (DJF). The ward subsequently committed a new offense that was not listed in Cal. Code Welf. & Inst. 733(c). Section 733(c) states that a ward cannot be committed to DJF unless "the most recent offense" alleged in any petition is one of several enumerated violent offenses. If the prosecution files a notice of probation violation under section 777, the court may revoke the ward's probation and commit the ward to DJF. However, if the prosecution files a new section 602 petition, section 733(c) will prohibit the court from ordering a DJF commitment if the allegation is found true. At issue in this case was whether, under these circumstances, the juvenile court may use its discretion under section 782, which allows the juvenile court to dismiss any wardship petition if the interests of justice, to dismiss the second petition so the matter can be treated as a probation violation, allowing the ward to be committed to DJF. The Supreme Court concluded (1) the court has that discretion; and (2) the juvenile court here had authority to dismiss the 602 petition. View "In re Greg F." on Justia Law