In re A.O.
The Court of Appeal reversed the juvenile court's order recommitting defendant to the Division of Juvenile Facilities (DJF) pursuant to Welfare and Institutions Code section 707, subdivision (b). In this case, DJJ rejected the initial commitment—which was ordered following a violation of probation—because it was based on a section 602 petition in which the most recent offense was not a DJF-qualifying offense. The juvenile court then granted the prosecutor's motion to dismiss the no-qualifying offense and ordered the recommitment. The court agreed with defendant that the juvenile court erred in granting the prosecution's post-disposition motion to dismiss count 2 of his section 602 petition for the sole purpose of rendering him eligible for a DJF commitment. View "In re A.O." on Justia Law