In re Alejandro B.

THE PEOPLE,

Plaintiff and Appellant,

v.

ALEJANDRO B.,

Defendant and Respondent.

No. F070090

(Super. Ct. No. JJD067747)

California Courts of Appeal

Fifth Appellate District

Filed June 3, 2015

Order Modifying Opinion and Denying Rehearing
[No Change in Judgment]

THE COURT:

     It is ordered that the opinion filed herein on May 7, 2015, be modified in the following particulars:

     1.  On page 9, in the third sentence of the paragraph beneath the heading Disposition, after the word ?term? add as footnote 3 the following footnote:

     ³Alejandro has filed a petition for rehearing urging this court to remand the matter for ?a disposition hearing at which the juvenile court could exercise its Welfare and Institutions Code section 782 discretion with regard to the current commitment offenses.?  This would be improper inasmuch as Welfare and Institutions Code section 782 was not a basis for the minor?s motion to dismiss count 1.  Contrary to minor?s assumption, however, our disposition remanding the matter does not limit the court?s discretion to dismiss count 1, either on its own motion or on minor?s motion pursuant to Welfare and Institutions Code section 782.  Rather, after reinstatement of count 1, any term imposed on that count, in the event count 1 is not dismissed, should be ordered stayed.

     There is no change in the judgment.

     Appellant?s petition for rehearing is denied.

PEÑA, J.

WE CONCUR:

KANE, Acting P.J.

POOCHIGIAN, J.