221 Cal. App. 4th 1497
Cal. Ct. App.2013Background
- In July 2009, a delinquency petition alleged resisting an officer; the minor was placed on informal supervision under Welf. & Inst. Code 654, 654.2.
- In December 2009, the People sought to revoke informal supervision for noncompliance; a second petition for shoplifting followed in January 2010.
- In March 2010, the court revoked informal supervision, dismissed the first petition, and adjudicated wardship with formal probation for six months under 725(a) after the minor admitted the second petition.
- In June 2012, a third petition for resisting an executive officer led to a deferred entry of judgment discussion; the court ruled the minor was not eligible because his informal supervision had previously been revoked.
- The court held that, as a matter of statutory construction, informal supervision qualifies as probation for purposes of 790(a)(4), and thus the revocation rendered the minor ineligible for deferred entry of judgment; the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the word probation in 790(a)(4) include informal supervision? | C.Z. argues informal supervision is not probation. | People argues Legislature intended informal supervision to count as probation. | Yes; informal supervision is probation for 790(a)(4); revocation makes ineligible. |
Key Cases Cited
- People v. Bishop, 11 Cal.App.4th 1125 (Cal.App.4th 1992) (construction of probation/diversion; rehabilitation purpose)
- In re J.V., 181 Cal.App.4th 909 (Cal.App.4th 2010) (informal probation where similar to formal probation)
- People v. Gevorgyan, 91 Cal.App.4th 602 (Cal.App.4th 2001) (voters’ awareness of existing statutory law; construction guidance)