People v. Jose S. (In re Jose S.)
12 Cal. App. 5th 1107
| Cal. Ct. App. 5th | 2017Background
- At 13 Jose admitted lewd and lascivious conduct (2002), was adjudged a juvenile ward, placed on probation and received sex-offender treatment.
- In 2005, while still under juvenile jurisdiction, Jose stabbed a peer; he admitted assault with a deadly weapon and personal use of a knife and was committed to the California Youth Authority (CYA).
- Jose petitioned in 2015 under Welf. & Inst. Code § 781 to seal his juvenile records relating to the 2002 offense.
- The juvenile court initially granted sealing as to the 2002 petition but rescinded the order because the clerk’s system could not partially seal; the court later denied sealing entirely because Jose’s 2005 offense is an enumerated disqualifying offense under § 707(b).
- Jose appealed, arguing (1) a “case” under § 781 can be limited to a single adjudication so the 2002 records should be sealed, and (2) his 2005 admission (assault with a deadly weapon) does not qualify as a § 707(b) offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a juvenile may seal only part of his juvenile record (i.e., treat separate adjudications as separate “cases” under § 781) | Jose: A “case” should be defined like in the adult system — by charging document/case number — so the 2002 petition can be sealed independent of the 2005 petition. | AG: Both petitions were part of the same juvenile delinquency case and § 781 bars sealing where any § 707(b) offense exists in the juvenile’s record. | Court: Juvenile system treats successive petitions as one case for § 781 purposes; denial affirmed. |
| Whether Jose’s admission to assault with a deadly weapon falls outside § 707(b)(14) (assault by means likely to produce great bodily injury) | Jose: He only admitted assault with a deadly weapon; statutory amendments separate that offense from assault by means likely to produce great bodily injury, so § 707(b)(14) shouldn’t apply. | AG: Court may look to facts (stabbings, injuries) and the nature of a deadly weapon to determine the offense falls within § 707(b)(14). | Court: The facts (multiple stab wounds, collapsed lung) show use of a deadly weapon necessarily constituted force likely to produce great bodily injury; § 707(b)(14) applies; argument rejected. |
Key Cases Cited
- In re Jeffrey T., 140 Cal.App.4th 1015 (Cal. Ct. App.) (treated supplemental juvenile petitions as part of same case for sealing)
- People v. Soria, 48 Cal.4th 58 (Cal.) (held separately filed adult cases remain separate for restitution purposes)
- In re Kasaundra D., 121 Cal.App.4th 533 (Cal. Ct. App.) (explains practice of filing successive juvenile petitions under one case number to track rehabilitation)
- In re Jonathan R., 3 Cal.App.5th 963 (Cal. Ct. App.) (assault with a deadly weapon necessarily involves force likely to produce great bodily injury)
- In re Gary B., 61 Cal.App.4th 844 (Cal. Ct. App.) (court may consider factual circumstances beyond petition wording when determining if offense falls within § 707(b))