In re J.L.
The minor, J. L., appeals from the dispositional order committing him to the Division of Juvenile Justice (DJJ)[1] after he admitted violating probation by failing to return to placement, as alleged in an August 22, 2006 notice pursuant to Welfare and Institutions Code section 777.[2] On appeal, the minor contends that section 733, subdivision (c), bars the juvenile court from committing him to the DJJ. Relevant here, section 733, subdivision (c), precludes the court from committing a minor to the DJJ unless, among other things, the most recent offense alleged in any petition and admitted or found to be true by the court is an offense described in section 707, subdivision (b). The minor argues that the most recent offenses admitted and found to be true an attempted second degree robbery alleged in a December 15, 2006 petition under section 602, and the probation violation alleged in the August 22, 2006 notice under section 777 were non-707(b) offenses and, therefore, section 733 precludes his DJJ commitment. The minor also contends that an assault alleged in an earlier March 14, 2006 petition, which the juvenile court relied upon as the most recent offense under section 733, subdivision (c), in committing him to the DJJ, is not one of the offenses listed in section 707, subdivision (b), and thus he could not be committed to the DJJ based on that petition.
As we will explain, because the assault alleged in the March 14, 2006 petition is the most recent offense alleged in any petition and admitted or found to be true by the court and is an offense described in section 707, subdivision (b), the juvenile court was not precluded by section 733, subdivision (c), from committing the minor to the DJJ. Accordingly, Court affirm the dispositional order.
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