MARK F. v. Superior Court

Opinion

GILBERT, J.

May the probation department in a juvenile proceeding exclude minors who are alleged to have been driving under the influence from consideration for informal probation under Welfare and Institutions Code section 654? While pondering this question, the trial judge said: “[T]his may be the case to make some law on the subject.” It is.

Mark F., a minor, petitions for a writ of mandate to compel respondent superior court to order the probation department to decide his eligibility for informal probation pursuant to Welfare and Institutions Code section 654 and California Rules of…