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People v. J.L., H032639

In a case brought in juvenile court after defendant admitting violating probation, a dispositional order committing minor defendant to the Division of Juvenile Justice (DJJ) is affirmed where: 1) defendant-minor admitted to committing an offense that constituted an assault under both the "deadly weapon" clause and the "force likely" clause of Penal Code section 245(a)(1); 2) the offense constituted an "[a]ssault by...means of force likely to produce great bodily injury," as described in section 707(b)(14); and 3) because the offense was described in section 707(b), and it was "the most recent offense alleged in any petition and admitted or found to be true by the court," the juvenile court was not precluded by section 733(c) from committing the minor to the DJJ.

Appellate Information

  • Decided 11/06/2008
  • Published 11/06/2008

Judges

  • BAMATTRE-MANOUKIAN, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Carl A. Gonser, under appointment by the Sixth district Court of Appeal, for Defendant and Appellant J.L., Edmond G. Brown, Jr., Attorney General of the State of California, Dane R. Gillette, Chief Asst. Atty. Gen., Gerald A. Engler, Sr. Asst. Atty. Gen., Martin S. Kaye, Supervising Deputy Atty. Gen., Michael E. Banister, Deputy Atty. Gen., for Plaintiff and Respondent.
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