Opinion
NOT TO BE PUBLISHED
APPEALS from orders of the Superior Court of San Diego County Nos. SCD 192563, J212594, Francis M. Devaney, Judge.
On August 5, 2005, when he was 19 years old, Armando L. entered a negotiated guilty plea to grand theft person (Pen. Code, § 487, subd. (c)) in case No. SCD192563. The same day, the court placed him on three years' summary probation.
The judge was Frank Brown. The judge at all subsequent hearings was Francis M. Devaney.
O'ROURKE, J.
In July 2006 Armando's 10-year-old cousin disclosed that Armando had molested her seven years earlier. Armando was arrested, taken to jail, and a Welfare and Institutions Code section 602 petition was filed in case No. J212594. On August 23 he admitted committing a lewd act on a child under 14 years old (Pen. Code, § 288, subd. (a)). On October 4, just weeks before Armando's 21st birthday, the juvenile court adjudged him a ward, placed him on probation, and allowed him to reside in his mother's home.
On Armando's 21st birthday, the juvenile court held a hearing concerning the juvenile probation officer's request to terminate jurisdiction. The court expressed its reluctance to grant the request and continued the matter so the court and counsel could research the issue. At the continued hearing, the court again expressed its reluctance to terminate jurisdiction. It denied Armando's motion to terminate jurisdiction nunc pro tunc to his 21st birthday and continued the hearing again. At the next hearing, the court again denied Armando's motion to terminate jurisdiction nunc pro tunc to his 21st birthday. The court stated its intention to add the terms of his juvenile probation to his adult probation and then terminate juvenile court jurisdiction. The court continued the matter to December 27 so it could obtain the file in case No. SCD192563.
On December 27, 2006, the juvenile court again denied Armando's motion to terminate jurisdiction nunc pro tunc to his 21st birthday. It amended the terms of his probation in case No. SCD192563 by incorporating the terms of his juvenile probation, stated it would retain personal jurisdiction over case No. SCD192563 and review it as it would a juvenile case and terminated juvenile court jurisdiction. On February 9, 2007, Armando filed a notice of appeal from the December 27, 2006 order in case No. SCD192563.
At a May 4, 2007 review hearing in case No. SCD192563, Armando's attorney told the court that, for financial reasons, Armando had stopped participating in two programs─sex offender treatment and a work project─which were originally conditions of probation in case No. J212594. The court ordered Armando into custody and set a probation revocation hearing for May 17. On May 9 the probation officer filed a memo alleging that Armando had violated probation by failing to comply with the above two conditions. On May 17 Armando admitted violating probation. The court found he was in violation of probation and set a sentencing hearing for June 6. The hearing was later continued to June 13.
On May 31, 2007, Armando filed a petition for writ of supersedeas as to case No. SCD192563. On June 12 this court granted the petition and stayed the December 27, 2006 and May 4, 2007 orders pending disposition of the appeal or further order of this court. On June 13 the trial court said it was "not . . . very happy" with this court's June 12 order which placed the case "in limbo," and required it to "go back to . . . the status quo." The court told Armando that he was still "on informal adult probation for his adult offenses" and "on juvenile probation under the terms of my juvenile probation order" and warned him that noncompliance with those terms would be "roll[ing] the dice." The court ordered Armando released from custody and said it would "continue to retain jurisdiction" in the juvenile case and "return the jurisdiction of the adult court matter . . . to the adult court . . . ." It set a review hearing for December 5.
On July 20, 2007, Armando filed a notice of appeal from the June 13 order in case No. J212594 and on August 16 he filed a petition for writ of supersedeas. On September 5 this court granted the petition and stayed the June 13 order pending disposition of the appeal or further order of this court
Armando contends the court erred by modifying the terms of his probation in case No. SCD192563 because the modification was based on conduct occurring before the probation offense and the substantial differences between adult and juvenile probation prevent the incorporation of juvenile terms into an adult case. He requests that we remand the matter with directions to vacate the December 27, 2006 order transferring the terms of his probation from case No J212594 to case No. SCD192563. The People concede the juvenile court exceeded its jurisdiction when it modified the terms of probation in case No. SCD192563 by adding terms from case No. J212594, and since the period of probation in case No. J212594 expired when Armando turned 21, the juvenile court lacks jurisdiction to enforce those terms.
The juvenile court's jurisdiction terminated and Armando's probation in case No. J212594 expired by operation of law when he turned 21 years old. (Welf. & Inst. Code, § 607.) Thus, the court lacked jurisdiction to enforce the probation conditions in case No. J212594. The court erred by modifying probation in case No. SCD192563 by transferring conditions from case No. J212594. There was no evidence that the conditions from case No. J212594 were appropriate conditions for case No. SCD192563, and there are substantial differences between adult and juvenile probation that render this transfer improper. (E.g., In re Francisco S. (2000) 85 Cal.App.4th 946, 953-954; In re Arthur N. (1976) 16 Cal.3d 226, 238, disapproved on other grounds in In re Eddie M. (2003) 31 Cal.4th 480, 507-508.)
DISPOSITION
The orders denying Armando's motion to terminate jurisdiction nunc pro tunc to his 21st birthday in case No. J212594 and amending the terms of his probation in case No. SCD192563 are reversed. The matter is remanded to the trial court with directions to dismiss case No. J212594 and to strike the probation conditions added to case No. SCD192563.
WE CONCUR: BENKE, Acting P. J. McDONALD, J.