California Court of Appeal

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In re N.D., F053397

Juvenile petitioner's commitment to Division of Juvenile Facilities (DJF) for a maximum period of confinement for burglary and battery is affirmed where: 1) amendments to Welfare and Institutions Code sections 731 and 733 did not apply to a disposition that occurred before September 1, 2007; 2) the common-law rule requiring application of statutes that mitigate punishment to all cases not yet final on their effective dates was inapplicable; 3) the amendments did not mitigate punishment but only limited the places in which a ward could be defined; and 4) since the juvenile court committed minor-defendant to the DJF before September 1, 2007, he was not entitled to reversal of the commitment.

Appellate Information

  • Decided 10/21/2008
  • Published 10/21/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Arthur L. Bowie, under appointment by the Court of Appeal, Sacramento, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Brian Alvarez and Leanne L. LeMon, Deputy Attorneys General, for Plaintiff and Respondent.
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