People v. Haro
221 Cal. App. 4th 718
| Cal. Ct. App. | 2013Background
- Marcos Haro pled no contest to stalking (Pen. Code, § 646.9) and admitted a prior juvenile adjudication for robbery that would qualify as a strike.
- While a minor, Haro was adjudicated delinquent for robbery; after successful supervision the juvenile court dismissed the underlying petition under Welf. & Inst. Code § 782.
- At the adult plea/sentencing court, the prosecution sought to use the juvenile adjudication as a three-strikes prior; the trial court denied Haro’s motion to dismiss the strike.
- Under the plea agreement Haro received a doubled sentence (four years) based on the admitted strike and obtained a certificate of probable cause to appeal that ruling.
- The Court of Appeal considered whether a § 782 dismissal of the juvenile petition precludes using the adjudication as a strike under the Three Strikes law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a juvenile petition dismissal under Welf. & Inst. Code § 782 prevents using the resulting juvenile adjudication as a Three Strikes prior | The People argued § 782 dismissals do not erase a juvenile adjudication for enhancement purposes and analogies to statutes allowing relief with exceptions do not compel exclusion | Haro argued § 782 is comparable to Penal Code § 1385 and that a § 782 dismissal erases the underlying adjudication, precluding its use as a strike | The court held § 782 dismissal operates like a § 1385 dismissal and precludes using the juvenile adjudication as a Three Strikes prior; modified sentence accordingly |
Key Cases Cited
- Derek L. v. Superior Court, 137 Cal.App.3d 228 (Cal. Ct. App. 1982) (characterizes § 782 as a general dismissal statute similar to Penal Code § 1385)
- People v. Barro, 93 Cal.App.4th 62 (Cal. Ct. App. 2001) (dismissal under Penal Code § 1385 erases a prior conviction for purposes of Three Strikes)
- In re Greg F., 55 Cal.4th 393 (Cal. 2012) (refers to similarity between § 782 and Penal Code § 1385 regarding dismissal power)
- People v. Jacob, 174 Cal.App.3d 1166 (Cal. Ct. App. 1985) (discusses effect of juvenile dismissal statutes and contrasts statutes that preserve enhancement use)