In re Juan D.
The juvenile court committed the minor Juan D. (appellant), born in May 1994, to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ).[1] To do so, the court dismissed appellant’s most recent juvenile delinquency petition (Welf. & Inst. Code, § 602),[2] which alleged an offense that did not qualify him for a DJJ commitment (§ 733, subd. (c)) (section 733(c)) and reached back to an earlier petition that alleged a DJJ‑eligible offense (§ 707, subd. (b)). On appeal, we reversed the order of commitment, concluding the court lacked authority under section 782 to dismiss appellant’s most recent petition in order to commit him to DJJ.
The Supreme Court granted review, and it recently transferred the matter back to this court for reconsideration in light of In re Greg F. (2012) 55 Cal.4th 393 (Greg F.). Greg F. held dismissal of a petition for the purpose of allowing a DJJ commitment on a minor’s previously-sustained section 602 petition is appropriate under section 782 so long as the juvenile court finds that the dismissal is required by the interests of justice and the welfare of the minor. (Id. at p. 420.) Following Greg F., we affirm the juvenile court’s orders.
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