In re Anthony R

In In re Anthony R. (1984) 154 Cal. App. 3d 772, a minor was continued as a ward of the juvenile court after admitting two counts of burglary. Two years later, the juvenile court sustained a supplemental petition charging him with violating Penal Code section 666 (petty theft with a prior conviction for a theft-related offense). He was committed to CYA for the maximum term of confinement of three years (the aggravated term for a felony violation). On appeal, the minor contended, as a matter of law, that he could not be found to have violated Penal Code section 666 because he had never suffered a prior "conviction" for a theft-related offense. The appellate court agreed, holding that juvenile court adjudications are not criminal convictions. The court stated: "Welfare and Institutions Code section 203 provides that 'an order adjudging a minor to be a ward of the juvenile court shall not be deemed a conviction of a crime for any purpose, nor shall a proceeding in the juvenile court be deemed a criminal proceeding.'. . . Section 203, by its clear terms, mandates the conclusion that since appellant was 'convicted' of neither the present nor the prior offense, Penal Code section 666 cannot possibly apply to him." (Anthony R., at pp. 775-776.) The appellate court concluded the minor's conduct did not fall within the provisions of the statute. Accordingly, the court modified the juvenile court's jurisdictional findings to reflect that the minor came within the provisions of section 602 as a result of a misdemeanor petit theft violation of Penal Code section 490 . The appellate court then reversed the juvenile court's dispositional order and remanded the case for a new dispositional hearing. (Anthony R., at pp. 778-779.)