In re M.L.Annotate this Case
The minor approached a parked vehicle, banged on the window, and demanded that the occupants open the door. Both saw a gun. The minor demanded their wallets and cell phones. The victims complied. The minor fled. Police located and stopped the getaway car. In the police car, the minor told his friend that he had used a loaded gun, and might and “have to go away.” One victim identified the minor and both identified their property. A petition under Welfare and Institutions Code 602 . The minor admitted one robbery charge with a modified enhancement and admitted possession of a firearm capable of being concealed. The court committed the minor to Division of Juvenile Facilities for six years on the robbery charge, staying an additional period of eight months on the possession charge. The court of appeal affirmed. Despite the “near-absurdity of the rule,” a minor is only eligible for DJF if his “most recent offense” is DJF eligible. This minor was found to have committed robbery, which, alone, would expose him to a DJF commitment. He was also found to have committed gun possession, which is not DJF-eligible. The possession offense arguably occurred before the robbery, but even if the offenses were simultaneous, the “most recent offense” rule did not eliminate a court’s discretion to imposeDJF commitment if a minor is currently violent.