Does the summary of a juvenile probation report support that a sustained petition for possession of marijuana was sustained?

California, United States of America


The following excerpt is from People v. Munoz, H039895 (Cal. App. 2014):

1. The Attorney General's respondent's brief states that defendant's "extensive juvenile record included a sustained petition for . . . possession of marijuana." But the summary of defendant's juvenile record in the probation report does not support that assertion. In his reply brief and at oral argument, defendant objected that the statement of facts in the Attorney General's brief is "prejudicially misleading" and that "this is an important misstatement in . . . an appeal that deals solely with the validity of a marijuana-related condition of probation." The deputy attorney general who appeared at oral argument acknowledged the error and apologized for misstating the record. We will rely on the record and will not consider the misstatement of fact in the Attorney General's brief.

2. Miranda v. Arizona (1966) 384 U.S. 436.

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