California Supreme Court
In Re Greg F., a Person Coming Under the Juvenile Court Law. the People, Plaintiff and Respondent v. Greg F…
August 27, 201255 Cal. 4th 393
Summary
The court held that Welfare and Institutions Code section 733, subdivision (c), does not eliminate a juvenile court's discretion under section 782 to dismiss a later delinquency petition when dismissal serves the interests of justice and the minor's welfare. Accordingly, a court may dismiss a petition alleging a nonqualifying offense and proceed on a probation violation based on an earlier qualifying offense, permitting a Division of Juvenile Facilities commitment. The judgment was reversed and remanded for consideration of unresolved evidentiary and procedural challenges.