In re B.J.
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Welfare and Institutions Code section 733, subdivision (c), is clear: DJJ commitment is permitted only if the minor's most recent offense is listed in Penal Code section 290.008, subdivision (c), or Welfare and Institutions Code section 707, subdivision (b).
The Court of Appeal vacated the commitment order, because the latest offense defendant committed is listed in neither statute. In this case, defendant committed kidnapping during the commission of a carjacking, kidnapping to commit robbery, second degree robbery, and unlawfully driving or taking a vehicle. Prosecutors also alleged that defendant restricted or obstructed a peace officer later the same night. The court remanded for a new dispositional hearing.
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