1

Filed 1/13/17 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

In re E.G., a Person Coming Under the 

Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

E.G.,

Defendant and Appellant.

 A146287

 (Contra Costa County

 Super. Ct. No. J13-00091)

ORDER MODIFYING OPINION

AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed December 14, 2016 be modified as follows:

(1) Insert the following footnote on page 13 at the conclusion of the first full 

paragraph: ―In a petition for rehearing, the People argue section 17(b)(3) is manifestly at 

odds with the principles of juvenile law because there is no provision in juvenile court 

law for suspending the imposition of sentence. As we have explained, the relevant 

inquiry is not whether the criminal statute‘s procedure is present in juvenile court law, 

but rather whether the statute‘s ―internal references to adult criminal procedures indicate 

a purpose manifestly inconsistent with juvenile application.‖ (Jovan B., supra, 6 Cal.4th 

at p. 813, italics added.) The petition identifies no reason our analysis on this question is 

incorrect. The People next argue even if section 17(b)(3) does apply in juvenile 

proceedings, it does not apply to appellant because he was not granted probation without 

the imposition of sentence or any other stayed or suspended disposition. However, the 

appropriate analysis looks to the ―functional equivalent‖ of the adult criminal procedure 

in juvenile court law. (Jovan B., at p. 815.) The petition does not address our analysis 

concluding appellant‘s disposition was the functional equivalent of a grant of probation 

without imposition of sentence. Finally, the People argue appellant had other remedies to 

mitigate the impact of his felony adjudication. Assuming these remedies are equivalent 

to a reduction under section 17(b)(3), the People fail to explain how their availability 

impacts our statutory interpretation analysis of the application of section 17(b)(3) in 

juvenile proceedings.‖
2

There is no change in the judgment.

The People‘s petition for rehearing is denied.

Dated: , P.J.
3

Superior Court of Contra Costa County, No. J13-00091, Hon. John Minney, Judge.

James S. Donnelly, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney 

General, Jeffrey M. Laurence, Senior Assistant Attorney General, Donna M. Provenzano 

and Christina Vom Saal, Deputy Attorneys General, for Plaintiff and Respondent.
1

Filed 12/14/16 (unmodified version)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re E.G., a Person Coming Under the 

Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

E.G.,

Defendant and Appellant.

 A146287

 (Contra Costa County

 Super. Ct. No. J13-00091)

The juvenile court denied a motion by appellant, E.G., to reduce his battery 

offense from a felony to a misdemeanor pursuant to Penal Code section 17, subdivision 

(b)(3) (hereafter, section 17(b)(3)), concluding the provision does not apply in juvenile 

proceedings.

1

 Section 17(b)(3) provides that a ―wobbler‖ offense2is a misdemeanor 

when ―the court grants probation to a defendant without imposition of sentence and at the 

time of granting probation, or on application of the defendant or probation officer 

thereafter, the court declares the offense to be a misdemeanor.‖ We conclude this 

provision applies in juvenile proceedings, and remand to allow the juvenile court to 

exercise its discretion under section 17(b)(3).

 

1 All undesignated section references are to the Penal Code.

2 ―Wobblers‖ are offenses that ―are chargeable or, in the discretion of the court, 

punishable as either a felony or a misdemeanor.‖ (People v. Park (2013) 56 Cal.4th 782, 

789 (Park).)
2

BACKGROUND

In 2013, an amended petition filed pursuant to Welfare and Institutions Code 

section 602 alleged appellant committed four offenses.3 Appellant pled no contest to two 

of them—battery causing serious bodily injury (§ 243, subd. (d)) and grand theft from the 

person (§ 487, subd. (c))—and the remaining two were dismissed on the prosecutor‘s 

motion. The offenses appellant pled no contest to were wobblers, and the amended 

petition alleged them as felonies. 

At the dispositional hearing, the juvenile court declared appellant a ward of the 

court, placed him on probation, and committed him to the Orin Allen Youth 

Rehabilitation Facility for nine months. Appellant appealed, and this court concluded the 

record did not demonstrate the juvenile court exercised its discretion to declare the 

offenses misdemeanors or felonies as required by Welfare and Institutions Code section 

702. (In re E.G. (Nov. 8, 2013, No. A138253) [nonpub. opn.].) We remanded for the 

court to exercise this discretion and otherwise affirmed. (Id.) The remittitur issued in 

January 2014.4

In July 2015, appellant made a motion before a different bench officer to have his 

offenses reduced to misdemeanors under section 17, subdivision (b), arguing his conduct 

on probation demonstrated he was rehabilitated.

5 Appellant‘s counsel stated that the 

juvenile court had already declared the offenses to be felonies and the People did not 

dispute this statement, although the record on appeal does not indicate this declaration 

was made following our remand. The juvenile court denied the motion on the ground 

that section 17(b)(3) did not apply in juvenile proceedings. 

 

3 The underlying facts are not relevant to this appeal.

4 A separate appeal challenged the juvenile court‘s restitution order. (In re E.G. (Apr. 8, 

2014, A138210) [nonpub. opn.].)

5 Following this motion but before the court‘s ruling, the grand theft offense was reduced 

to a misdemeanor pursuant to Proposition 47 (§ 1170.18). 
3

The court also stated no declaration as to the classification of the offense had been 

made as required by this court‘s opinion, and directed the parties to schedule a hearing 

before the bench officer who presided over the disposition hearing. In August 2015, that 

bench officer stated he had already declared the offenses to be felonies at disposition and 

did so again.6 The juvenile court then terminated appellant‘s wardship and probation. 

DISCUSSION

Section 17(b)(3) provides a wobbler offense is a misdemeanor ―[w]hen the court 

grants probation to a defendant without imposition of sentence and at the time of granting 

probation, or on application of the defendant or probation officer thereafter, the court 

declares the offense to be a misdemeanor.‖

7

 The parties dispute whether this provision 

applies solely in adult criminal cases, or whether it also applies in juvenile proceedings.

―When interpreting statutory provisions enacted by voter initiative or legislative 

action, our primary purpose is to ascertain and effectuate the intent of the enactors. 

 

6 The parties do not treat this ruling as an indication that the juvenile court would decline 

to reduce appellant‘s offense to a misdemeanor based on his post-disposition motion, if it 

believed it had the authority to do so pursuant to section 17(b)(3). 

7 Section 17, subdivision (b) provides, in its entirety: ―When a crime is punishable, in the 

discretion of the court, either by imprisonment in the state prison or imprisonment in a 

county jail under the provisions of subdivision (h) of Section 1170, or by fine or 

imprisonment in the county jail, it is a misdemeanor for all purposes under the following 

circumstances: [¶] (1) After a judgment imposing a punishment other than imprisonment 

in the state prison or imprisonment in a county jail under the provisions of subdivision (h) 

of Section 1170. [¶] (2) When the court, upon committing the defendant to the Division 

of Juvenile Justice, designates the offense to be a misdemeanor. [¶] (3) When the court 

grants probation to a defendant without imposition of sentence and at the time of granting 

probation, or on application of the defendant or probation officer thereafter, the court 

declares the offense to be a misdemeanor. [¶] (4) When the prosecuting attorney files in a 

court having jurisdiction over misdemeanor offenses a complaint specifying that the 

offense is a misdemeanor, unless the defendant at the time of his or her arraignment or 

plea objects to the offense being made a misdemeanor, in which event the complaint shall 

be amended to charge the felony and the case shall proceed on the felony complaint. [¶] 

(5) When, at or before the preliminary examination or prior to filing an order pursuant to 

Section 872, the magistrate determines that the offense is a misdemeanor, in which event 

the case shall proceed as if the defendant had been arraigned on a misdemeanor 

complaint.‖
4

[Citation.] To determine this intent, we consider the plain, commonsense meaning of the 

language used, and construe the language in the context of the overall enactment. 

[Citations.] When multiple statutory schemes are relevant, we evaluate each scheme and 

seek to harmonize them to carry out their evinced intent.‖ (Alejandro N. v. Superior 

Court (2015) 238 Cal.App.4th 1209, 1223–1224 (Alejandro N.).)

Section 17(b)(3) uses language that is generally not applicable to juvenile 

proceedings–specifically, ―defendant‖ and ―sentence.‖ ―[J]uvenile offenders are not 

defendants‖ and ―their cases are resolved by dispositions, not sentences.‖ (Alejandro N., 

supra, 238 Cal.App.4th at p. 1219; see generally Welf. & Inst. Code, § 203 [―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.‖].) However, our Supreme Court has directed that the presence of such 

language in a criminal statute ―cannot be dispositive of the question whether the [criminal 

statute] applies to juvenile wards.‖ (In re Jovan B. (1993) 6 Cal.4th 801, 812 (Jovan B.) 

[holding criminal statute using terms ―convictions‖ and ―sentences‖ applies in juvenile

proceedings].) Instead, courts must look, if applicable, to the ―broader context to expand 

upon the clear language chosen by the Legislature.‖ (In re Derrick B. (2006) 39 Cal.4th 

535, 543 (Derrick B.) [distinguishing Jovan B. because no such broader context was 

present]; accord, Alejandro N., at p. 1225 [―Considered in its broader context, [criminal 

statute‘s] use of adult criminal terminology does not reflect an intent to exclude juvenile 

offenders from its provisions.‖].)

Jovan B. and Alejandro N. are instructive. In Jovan B., the criminal statute at 

issue was an enhancement applicable when a defendant is ―  ̳released from custody on 

bail or on his or her own recognizance [(O.R.)]‘ ‖ pending felony charges, commits a 

second felony, and is subsequently ―  ̳convicted‘ ‖ of both offenses. (Jovan B., supra, 6 

Cal.4th at p. 808, fn. 3 [quoting § 12022.1].) The Supreme Court considered the statutory 

language in the broader context of Welfare and Institutions Code section 726, which 

provides juvenile court commitment orders ―must specify that [the minor]  ̳may not be 

held . . . for a period in excess of the maximum term of imprisonment which could be 
5

imposed upon an adult convicted of the offense,‘ ‖ and defined ―  ̳maximum term of 

imprisonment,‘ ‖ for a felony offense, as ―the longest adult term for that offense, as 

described in Penal Code section 1170, subdivision (a)(2),  ̳plus enhancements which must 

be proven if pled.‘ ‖ (Id. at p. 810 [quoting Welf. & Inst. Code, § 726].) The court 

concluded: ―If [the statute‘s] use of this adult terminology [i.e., ―  ̳convictions‘ ‖ and 

―  ̳sentences‘ ‖] were enough to prevent these enhancements from applying to juvenile 

wardship matters, [the quoted language] of Welfare and Institutions Code section 726 

would be meaningless.‖ (Id. at p. 812.) Instead, ―the  ̳maximum term of imprisonment‘ 

described in Welfare and Institutions Code section 726 incorporates, to the extent therein 

indicated, the  ̳system or body of laws‘ known as the DSA [Determinate Sentencing 

Act].‖ (Id. at p. 816.) 

The court continued: ―Welfare and Institutions Code section 726 obviously intends 

that, for purposes of calculating a juvenile ward‘s maximum confinement or 

commitment, the DSA‘s enhancement scheme should be applied fully except insofar as 

the focus of a particular enhancement is manifestly at odds with the principles of juvenile 

law. This requires a close analysis of each disputed enhancement to determine whether 

its internal references to adult criminal procedures indicate a purpose manifestly 

inconsistent with juvenile application.‖ (Jovan B., supra, 6 Cal.4th at p. 813.) The 

purposes of the on bail enhancement—―  ̳ ―  ̳to meet public concern over offenders who 

are arrested [and] then allowed back on the street a short time later to commit more 

crimes,‘ ‖ ‘  ̳ ―to deter the commission of new felonies by persons released from custody

on an earlier felony,‖ ‘ and to recognize such an offender‘s  ̳ ―breach of the terms of his 

special custodial status‖ ‘ ‖—―apply equally to juvenile and adult offenses.‖ (Ibid.) The 

Supreme Court concluded the criminal enhancement‘s ―use of adult procedural terms 

such as  ̳conviction‘ does not evidence an intent manifestly incompatible with its 

application to juvenile offenses.‖ (Ibid.) 

The court proceeded to construe the adult procedural terms in the juvenile context. 

Although ―a juvenile is not entitled to bail, and is never released on his  ̳own‘ 

recognizance, as specified in . . . section 12022.1, but rather is freed, if at all, to the 
6

custody of a parent or guardian,‖ the court concluded that ―for purposes of Welfare and 

Institutions Code section 726 and . . . section 12022.1, the minor‘s pretrial  ̳house arrest‘ 

release in this case was the functional equivalent of O.R. release in an adult proceeding.‖ 

(Jovan B., supra, 6 Cal.4th at pp. 814–815.) ―Like adult O.R. release, . . . a juvenile‘s 

conditional  ̳home supervision‘ release places substantial responsibility, faith, and trust in 

the released person himself. . . . [H]is defiant commission of a new felony while released 

on this  ̳special custodial status‘ is a personal breach of the juvenile court‘s trust. It is 

exactly the kind of opportunistic recidivism which warrants enhanced punishment under 

section . . . 12022.1. We conclude that by committing a new felony while subject to 

 ̳house arrest‘ release on an earlier charge, the minor brought himself within the terms of 

the bail/O.R. enhancement.‖ (Id. at p. 815.)

Alejandro N. considered whether section 1170.18 applied in juvenile proceedings. 

This statute, enacted in 2014 as part of the Safe Neighborhoods and Schools Act 

(Proposition 47), provides that persons already convicted of a felony offense now 

reclassified as a misdemeanor by other provisions of Proposition 47 may petition the 

court to have the conviction redesignated as a misdemeanor. (Alejandro N., supra, 238 

Cal.App.4th at pp. 1222–1223.) Like the statute in Jovan B., section 1170.18 uses adult 

criminal terms, but Alejandro N. did not find the language dispositive. (Alejandro N., at 

p. 1125 [―Considered in its broader context, section 1170.18‘s use of adult criminal 

terminology does not reflect an intent to exclude juvenile offenders from its 

provisions.‖].) Instead, the court considered section 1170.18 in the context of Welfare 

and Institutions Code section 602, which ―provides that a minor may be adjudged a ward 

of the juvenile court  ̳when he or she violates any law of this state . . . defining crime.‘ ‖ 

(Alejandro N., at p. 1219 [quoting Welf. & Inst. Code, § 602].) ―[W]hen the Proposition 

47 voters reclassified certain criminal offenses from felonies to misdemeanors, they 

necessarily reclassified these offenses for juvenile offenders by virtue of Welfare and 

Institutions Code section 602‘s correlation of wardship jurisdiction with violations of 

criminal laws.‖ (Id. at p. 1224.) Section 1170.18 ―concerns this very same classification 

of offenses, and the statute simply extends the Act‘s reclassification in retroactive fashion 
7

to qualified offenders who incurred their convictions before the Act‘s effective date.‖ 

(Alejandro N., at p. 1224.) ―Given Welfare and Institutions Code section 602‘s reliance 

on the substantive criminal offenses promulgated in the adult context to create juvenile 

wardship jurisdiction, the statutory schemes as a whole reflect a clear intent to apply 

section 1170.18‘s substantive offense reclassification provisions to juvenile offenders.‖ 

(Id. at p. 1225.) The use of adult criminal language in section 1170.18 did not preclude 

its application to juvenile proceedings, but instead ―logically comports with the fact that 

the Penal Code and other codes defining crimes define the offenses primarily for use in 

the adult context, and that these substantive criminal offense provisions are then 

engrafted onto the juvenile proceedings in wholesale fashion by means of Welfare and 

Institutions Code section 602.‖ (Id. at p. 1225.)

In contrast to Jovan B. and Alejandro N., In re Derrick B., supra, 39 Cal.4th 535 

(Derrick B.) held section 290, subdivision (a)(2)(E), authorizing courts, in specified 

circumstances, to require sex offender registration for unenumerated offenses, did not 

apply to juvenile proceedings. (Id. at pp. 537, 539 & fn. 4.) In reaching this conclusion, 

the court relied in part on statutory language associated with adult criminal proceedings. 

(Id. at p. 540 [―  ̳Conviction‘ and  ̳sentencing‘ are terms of art usually associated with 

adult proceedings. Because the Legislature used these terms, we construe this 

subdivision as applying only in cases of adult convictions.‖].) However, the statutory 

structure was significant. Subdivision (a)(2)(A) of section 290 set forth offenses 

requiring registration for persons ―  ̳convicted‘ ‖ of those offenses, including one offense 

if ―  ̳the person is sentenced to state prison.‘ ‖ (Id. at p. 538, fn. 2.) The provision at 

issue, subdivision (a)(2)(E), also appeared in subdivision (a) and also included the words 

―  ̳conviction‘ ‖ and ―  ̳sentencing.‘ ‖ (Id. at p. 539, fn. 4.) Subdivision (d)(3), in 

contrast, set forth a different list of offenses requiring registration for persons 

―  ̳discharged or paroled from the Department of the Youth Authority‘ ‖ for such 

offenses. (Id. at p. 539, fn. 3.) The Supreme Court concluded, ―the Legislature carefully 

distinguished, in subdivisions (a)(2)(A) and (d)(3), between the offenses requiring 

registration by adults and those requiring registration by juveniles. In the absence of a 
8

clear expression of its intent, we are not persuaded that the Legislature meant to 

altogether abandon such differentiation in enacting (a)(2)(E).‖ (Id. at p. 546.) 

Significantly, in contrast to Jovan B., which the court found ―clearly distinguishable,‖ 

this case had ―no broader context to expand upon the clear language chosen by the 

Legislature.‖ (Derrick B., at p. 543.)

Like Jovan B. and Alejandro N., and unlike Derrick B., here there is a broader 

context in which we must consider the applicability of section 17(b)(3) to juvenile 

proceedings. We begin with the statute itself. ―When a fact finder has found the 

defendant guilty of, or the defendant has pleaded no contest or guilty to, a wobbler that 

was not charged as a misdemeanor, the procedures set forth in section 17, subdivision (b) 

. . . govern the court‘s exercise of discretion to classify the crime as a misdemeanor.‖ 

(Park, supra, 56 Cal.4th at p. 790.) Upon a grant of probation without the imposition of 

sentence, a wobbler ―is  ̳deemed a felony‘ unless subsequently  ̳reduced to a 

misdemeanor by the sentencing court‘ pursuant to section 17, subdivision (b).‖ (People 

v. Feyrer (2010) 48 Cal.4th 426, 438–439 (Feyrer).)8 

The language contained in section 17(b)(3) was added to the statute in 1963. 

(Park, supra, 56 Cal.4th at p. 793.) Prior to its enactment, if probation was granted for a 

wobbler offense without imposition of sentence, the offense could only be reduced to a 

misdemeanor if the court revoked probation and sentenced the defendant to county jail. 

(Id. at p. 792; see also Meyer v. Superior Court (1966) 247 Cal.App.2d 133, 139 (Meyer) 

[―the 1963 amendment . . . . makes it possible for the court to reduce a felony to a 

misdemeanor without the necessity of imposing a jail sentence‖].) An opinion issued 

three years after the enactment concluded, ―in conferring upon the court the power to 

declare an offense to be a misdemeanor after it has suspended imposition of judgment or 

sentence, the Legislature evidently intended to enable the court to reward a convicted 

defendant who demonstrates by his conduct that he is rehabilitated.‖ (Meyer, at p. 140.) 

 

8 Section 17(b)(3) does not apply if a felony sentence was imposed but execution 

suspended during the probationary term. (People v. Wood (1998) 62 Cal.App.4th 1262, 

1267–1268.)
9

Our Supreme Court recently reiterated this purpose of section 17(b)(3) and other statutes 

authorizing leniency for a defendant who has demonstrated rehabilitation on probation: 

―These statutes are intended to afford the defendant an opportunity to demonstrate his or 

her rehabilitation in order to obtain early termination of probation, reclassification of the 

offense, or dismissal of the action . . . .‖ (Feyrer, supra, 48 Cal.4th at p. 440.)

We turn now to the juvenile law. When the language of section 17(b)(3) was 

enacted in 1963, ―it was unnecessary for the juvenile court to determine whether a socalled  ̳wobbler‘ would, in the case of an adult, be a felony or a misdemeanor; it could 

impose a term of physical confinement without regard to the maximum term of 

imprisonment for an adult convicted of the same offense.‖ (In re Manzy W. (1997) 14 

Cal.4th 1199, 1206 (Manzy W.).) In 1976, the Legislature enacted ―a substantial 

modification to the juvenile court law. [Citation.] Under the revised law, for the first 

time, a minor could not be held in physical confinement longer than an adult convicted of 

the same offense.‖ (Id. at p. 1205.) It was these amendments, and a 1977 amendment 

clarifying the definition of ―maximum term of imprisonment‖ for juvenile law purposes, 

that our Supreme Court held evidenced an intent to incorporate the DSA into the juvenile 

court law, to the extent consistent with juvenile law principles. (Jovan B., supra, 6 

Cal.4th at p. 816.)

The DSA determines the maximum term of imprisonment in felony cases. (Jovan 

B., supra, 6 Cal.4th at pp. 817–818.) ―In the case of a so-called  ̳wobbler,‘ the length of 

the [maximum] term [of imprisonment] specified [for a juvenile] would, inevitably, 

depend on whether the offense was deemed a felony or a misdemeanor.‖ (Manzy W., 

supra, 14 Cal.4th at p. 1205, fn. 3.) Therefore, the 1976 modifications to the juvenile law

added the following requirement to Welfare and Institutions Code section 702: ―If the 

minor is found to have committed an offense which would in the case of an adult be 

punishable alternatively as a felony or a misdemeanor, the court shall declare the offense 

to be a misdemeanor or felony.‖ (Welf. & Inst. Code, § 702; see also Manzy W., at 
10

p. 1205.)9 ―The requirement of a declaration by the juvenile court whether an offense is a 

felony or misdemeanor was thus directed, in large part, at facilitating the determination of 

the limits on any present or future commitment to physical confinement for a so-called 

 ̳wobbler‘ offense.‖ (Manzy W., at p. 1206.)

In the context of felony offenses, Welfare and Institutions Code section 726 

incorporates the DSA to determine a juvenile‘s maximum term of confinement. (Jovan 

B., supra, 6 Cal.4th at p. 816.) In the context of legislatively reclassified offenses, 

Welfare and Institutions Code section 602 incorporates the substantive reclassifications 

and any related reclassification procedures. (Alejandro N., supra, 238 Cal.App.4th at 

pp. 1216–1217.) In the context of wobblers, ―the procedures set forth in section 17, 

subdivision (b) . . . govern the court‘s exercise of discretion to classify the crime as a 

misdemeanor.‖ (Park, supra, 56 Cal.4th at p. 790.) We conclude Welfare and 

Institutions Code sections 702 and 726—requiring a minor‘s maximum term of 

confinement be linked to the adult criminal sentencing laws and, in service of this 

requirement, obligating juvenile courts to declare whether a wobbler is a felony or 

misdemeanor—evidence an intent to incorporate section 17, subdivision (b), into juvenile 

court proceedings ―except insofar as the focus of a particular [provision] is manifestly at 

odds with the principles of juvenile law.‖ (Jovan B., supra, 6 Cal.4th at p. 813.)

The parties point to other provisions in section 17 involving commitments to the 

Division of Juvenile Justice. Section 17, subdivision (b)(2) provides that a wobbler is a 

misdemeanor for all purposes ―[w]hen the court, upon committing the defendant to the 

Division of Juvenile Justice, designates the offense to be a misdemeanor.‖ Section 17, 

subdivision (c) provides: ―When a defendant is committed to the Division of Juvenile 

Justice for a [wobbler offense], the offense shall, upon the discharge of the defendant 

from the Division of Juvenile Justice, thereafter be deemed a misdemeanor for all 

 

9 This declaration must be made at or before disposition. (Cal. Rules of Court, rule 

5.795(a)(1).) 
11

purposes.‖

10

 We need not decide whether these provisions apply only to juveniles 

prosecuted in criminal court and committed to the Division of Juvenile Justice (see Welf. 

& Inst. Code, § 1731.5), or whether they also apply to minors committed to the Division 

of Juvenile Justice following juvenile proceedings, as the parties appear to assume. In 

either event, as we will discuss, the provisions support our conclusion.

The People argue the presence of provisions applying to juveniles indicates the 

Legislature intended the other provisions not apply to juveniles. We disagree. The 

provisions of section 17 expressly applying to juveniles involve only those committed to 

the Division of Juvenile Justice. It would be incongruous for the Legislature to authorize 

the reduction of wobblers to encourage rehabilitation for juveniles committed to the 

Division of Juvenile Justice (either after prosecution in criminal court or not), while not 

affording a similar mechanism to encourage rehabilitation for juveniles on probation. 

(See Alejandro N., supra, 238 Cal.App.4th at p. 1226 [construing Penal Code statute to 

apply to juvenile proceedings in part because to do otherwise ―creates incongruities that 

serve no logical purpose‖].) We acknowledge the provisions of section 17 expressly 

applying to juveniles were amended by a separate bill enacted on the same day as the 

1976 juvenile court law amendments. (Stats. 1976, ch. 1070, § 1, p. 4809 [amending 

§ 17, subd. (b)(2) and enacting § 17, subd. (c)]; Stats. 1976, ch. 1071, pp. 4814–4833

[amending Welf. & Inst. Code].) We do not consider the Legislature‘s contemporaneous 

amendment of section 17, without explicitly indicating an intent to incorporate other 

relevant aspects of that statute into the juvenile court law, to evidence an intent that the 

Legislature did not intend such an incorporation. Welfare and Institutions Code sections 

702 and 726 make ―a  ̳general‘ reference  ̳to a system or body of laws‘ ‖ (Jovan B., 

supra, 6 Cal.4th at p. 819)—to wit, criminal provisions relating to the classification and 

punishment of wobbler offenses. This obviates the need for each Penal Code provision to 

 

10 This provision has been construed not to apply when the discharge was dishonorable, 

in light of the provision‘s underlying ―rehabilitative principles.‖ (People v. Lassiter

(1988) 202 Cal.App.3d 352, 355–356.) 
12

be expressly amended to indicate its applicability to juveniles. (See ibid.; Alejandro N.,

at p. 1225.)

We now turn to whether the application of section 17(b)(3) in juvenile proceedings 

is consistent with juvenile law principles. (See Jovan B., supra, 6 Cal.4th at p. 813.) 

Section 17(b)(3) serves a rehabilitative purpose by authorizing a court to reduce a 

wobbler to a misdemeanor if a defendant‘s conduct on probation demonstrates he or she 

is rehabilitated. (Feyrer, supra, 48 Cal.4th at p. 440 [―The fundamental feature of 

probation is that good conduct on the part of the probationer may invite mitigation of 

punishment and (in the case of a wobbler) reclassification of the offense.‖]; Meyer, supra,

247 Cal.App.2d at p. 140 [―in conferring upon the court the power to declare an offense 

to be a misdemeanor after it has suspended imposition of judgment or sentence, the 

Legislature evidently intended to enable the court to reward a convicted defendant who 

demonstrates by his conduct that he is rehabilitated‖].) Rehabilitation is one of the 

primary goals of juvenile delinquency proceedings. (In re Julian R. (2009) 47 Cal.4th 

487, 496 [―[j]uvenile proceedings continue to be primarily rehabilitative‖]; Welf. & Inst. 

Code, § 202, subd. (b) [noting ―rehabilitative objectives of this chapter‖].) Application of 

section 17(b)(3) in juvenile proceedings is consistent with the rehabilitative principles of 

juvenile law.

In addition, ―[f]lexibility is the hallmark of juvenile court law.‖ (In re Greg F.

(2012) 55 Cal.4th 393, 411.) ―The statutory scheme governing juvenile delinquency is 

designed to give the court  ̳maximum flexibility to craft suitable orders aimed at 

rehabilitating the particular ward before it.‘ ‖ (Ibid.; see also Welf. & Inst. Code, § 775 

[―Any order made by the court in the case of any person subject to its jurisdiction may at 

any time be changed, modified, or set aside, as the judge deems meet and proper, subject 

to such procedural requirements as are imposed by this article.‖].) Allowing juvenile 

courts the flexibility of section 17(b)(3) is consistent with this principle. 

Finally, the juvenile law requirement that a minor‘s maximum term of 

confinement be no longer than that of an adult convicted of the same offense indicates an 

intent that minors be treated no more harshly than similarly situated adults. (Jovan B.,
13

supra, 6 Cal.4th at p. 819 [―[t]he obvious purpose of the 1976 and 1977 amendments to 

Welfare and Institutions Code section 726 was  ̳to treat adult and juvenile offenders on 

equal footing as far as the [maximum] duration of their incarceration is concerned‘ ‖].) 

The application of section 17(b)(3) to juvenile proceedings is consistent with this 

underlying intent. We conclude section 17(b)(3)‘s ―use of adult procedural terms . . . 

does not evidence an intent manifestly incompatible with its application to juvenile 

offenses.‖ (Jovan B., at p. 813.)

The juvenile court‘s disposition order placing appellant on probation with a ninemonth group home term was the ―functional equivalent‖ (Jovan B., supra, 6 Cal.4th at 

p. 815) of a probation grant without imposition of sentence in adult criminal proceedings.

In both instances, the court retains jurisdiction and the probationer has the opportunity to 

demonstrate his or her rehabilitation while on probation. Section 17(b)(3) authorizes the 

juvenile court, in its discretion, to reduce appellant‘s battery offense to a misdemeanor.11 

We will remand for the juvenile court to exercise that discretion.

DISPOSITION

The order denying appellant‘s motion to reduce his section 243, subdivision (d) 

offense to a misdemeanor is reversed and the matter is remanded for proceedings not 

inconsistent with this opinion.

SIMONS, J.

We concur.

JONES, P.J.

BRUINIERS, J.

 

11 This conclusion renders it unnecessary for us to decide appellant‘s equal protection 

argument.
14

Superior Court of Contra Costa County, No. J13-00091, Hon. John Minney, Judge.

James S. Donnelly, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney 

General, Jeffrey M. Laurence, Senior Assistant Attorney General, Donna M. Provenzano

and Christina Vom Saal, Deputy Attorneys General, for Plaintiff and Respondent.