In re Gary B

In In re Gary B. (1998) 61 Cal.App.4th 844, the trial court considered the fact that the juvenile had used a gun as alleged in an enhancement that had been dismissed as part of a plea agreement with the district attorney, to find that the robbery the juvenile admitted as part of that plea agreement was within Welfare and Institutions Code section 707, subdivision (b). On appeal, Division One of this court noted that the issue of whether the trial court could consider dismissed allegations appeared to be one of first impression. "But the law is replete with examples of courts looking beyond the pleadings to consider circumstances of an offense for purposes of disposition--even when those circumstances relate to a count or an enhancement dismissed, as here, pursuant to a bargained plea." (Gary B., at p. 849.) Relying in part on People v. Harvey (1979) 25 Cal.3d 754, the Gary B. court held that the evidence considered by the juvenile court in making a determination under Welfare and Institutions Code section 707, subdivision (b) "may consist of events the probation officer's social study and other relevant evidence reveals are transactionally related to the offenses upon which the petition is sustained." (Gary B., at pp. 850-851.) In Gary B.'s case, "the firearm use was described in the probation officer's report, conceded by Gary in the written factual basis for his admission, and transactionally related to the robbery charge the minor admitted." (Id. at p. 851.) In Gary B., the Welfare and Institutions Code section 707, subdivision (b) finding was required under then rule 1494(c) of the California Rules of Court when the court committed a juvenile to the California Youth Authority. "The consequences of this specification can be significant. If the offense is a section 707, subdivision (b) offense, the California Youth Authority maintains jurisdiction over the minor for two years or until the minor reaches the age of twenty-five, whichever occurs later. If, on the other hand, the offense is not on the list, the minor must be discharged after either two years or upon turning twenty-one, whichever is later." (Gary B., supra, 61 Cal.App.4th at p. 846.)