People v. E.G.
6 Cal. App. 5th 871
| Cal. Ct. App. | 2016Background
- In 2013 E.G. (a juvenile) pled no contest to two wobbler offenses alleged as felonies, including battery causing serious bodily injury, and was declared a ward and placed on probation with a nine‑month commitment.
- This court previously remanded because the juvenile court had not made the felony/misdemeanor declaration required by Welf. & Inst. Code § 702; the remittitur issued in January 2014.
- In July 2015 a different juvenile‑court bench officer denied E.G.’s post‑disposition motion to reduce the battery from a felony to a misdemeanor under Penal Code § 17(b)(3), ruling § 17(b)(3) does not apply in juvenile proceedings.
- The juvenile court later stated the disposing judge had declared the offenses felonies and terminated wardship and probation.
- E.G. appealed the denial of his § 17(b)(3) motion; the Court of Appeal considered whether § 17(b)(3) (which permits reclassification of a wobbler to misdemeanor when probation is granted without imposition of sentence) applies to juvenile proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Penal Code § 17(b)(3) applies in juvenile proceedings | People: § 17(b)(3) is an adult criminal provision and uses adult terms (defendant, sentence), so it does not apply to juveniles | E.G.: § 17(b)(3) serves rehabilitative purposes and, in context of Welf. & Inst. Code §§ 702, 726, should apply to juveniles on probation | Court held § 17(b)(3) applies in juvenile proceedings and remanded for the juvenile court to exercise its discretion |
Key Cases Cited
- In re Jovan B., 6 Cal.4th 801 (1993) (adult criminal terms may be applied in juvenile context when broader statutory scheme indicates intent)
- In re Derrick B., 39 Cal.4th 535 (2006) (refused application of an adult registration provision to juveniles where statutory structure showed differentiation)
- People v. Park, 56 Cal.4th 782 (2013) (section 17(b) governs classification of wobblers)
- People v. Feyrer, 48 Cal.4th 426 (2010) (probationary rehabilitation purpose of section 17 and reclassification principles)
- In re Manzy W., 14 Cal.4th 1199 (1997) (juvenile law changes required juvenile courts to declare wobbler as felony or misdemeanor)
- Alejandro N. v. Superior Court, 238 Cal.App.4th 1209 (2015) (applying Penal Code reclassification principles in juvenile proceedings where Welfare & Inst. Code incorporates adult offense definitions)