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In re J. C.-S.

California Court of Appeals, Third District, Lassen
Apr 29, 2009
No. C059748 (Cal. Ct. App. Apr. 29, 2009)

Opinion


In re J. C.-S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. J. C.-S., Defendant and Appellant. C059748 California Court of Appeal, Third District, Lassen April 29, 2009

NOT TO BE PUBLISHED

Super. Ct. No. J5321

BLEASE, Acting P. J.

J.C.-S., aged 13, was charged with four counts of sexual battery against four different female victims. On April 21, 2008, he entered into a negotiated settlement whereby he admitted two of the counts in exchange for dismissal of the other two counts and being under supervised probation for six months without being declared a ward of the court. (Welf. & Inst. Code, § 725, subd. (a).) The matter was continued to June for the court to receive a probation officer’s report with recommended probation conditions.

On June 30, 2008, the minor’s case was called, the court declared the minor a ward of the court, and placed his custody in the control of the probation officer. When counsel pointed out that the agreement was that the minor was to be placed on “formal probation without wardship” the court responded that it was “appropriate to have jurisdiction over the minor to protect the victim from any harassment through the next school year.”

The minor contends, and the People agree, that the juvenile court violated the terms of the plea agreement and the matter must be remanded to give the minor the opportunity to withdraw his plea. We too agree.

The principles governing plea bargains in adult court are applicable to plea bargains in juvenile court. (In re Jermaine B. (1999) 69 Cal.App.4th 634, 639-640.) “Where the plea is accepted by the prosecuting attorney in open court and is approved by the court, the defendant... cannot be sentenced on the plea to a punishment [or disposition] more severe than that specified in the plea....” (Pen. Code, § 1192.5.) Here, the court expressly noted that the minor’s not being declared a ward of the court was “quite a benefit” to him, thus the condition was a material part of the agreement. Hence, the court’s failure to abide by the terms of the agreement requires remand.

Our resolution of this case renders it unnecessary to address the minor’s contention that the evidence is insufficient to show the minor knew the wrongfulness of his conduct, an issue which may be addressed on remand.

DISPOSITION

The matter is remanded to the Lassen County Superior Court with directions for the court to provide the minor 30 days within which to withdraw his plea. If he fails to do so, the disposition shall remain in effect.

We concur: SIMS, J., NICHOLSON, J.


Summaries of

In re J. C.-S.

California Court of Appeals, Third District, Lassen
Apr 29, 2009
No. C059748 (Cal. Ct. App. Apr. 29, 2009)
Case details for

In re J. C.-S.

Case Details

Full title:In re J. C.-S., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:California Court of Appeals, Third District, Lassen

Date published: Apr 29, 2009

Citations

No. C059748 (Cal. Ct. App. Apr. 29, 2009)