In Re Andrew M.

This opinion is upon motion of the minor, after hearing, for reversal and order of this court for new trial pursuant to our jurisdiction under Code of Civil Procedure section 914 due to the failure of the court reporter to take down notes of the closing arguments of counsel at the jurisdictional hearing, thereby denying the minor a reporter’s transcript on appeal as to that portion of the proceedings below.

Upon findings that the 15-year-old minor had violated Penal Code section 187 (murder) and Penal Code section 32 (harboring a felon), he was declared a ward of the juvenile court (Welf. & Inst. Code, § 602) and committed to the California Youth Authority. He appealed to this court.

The record was filed on appeal but the reporter’s transcript of the jurisdictional hearing failed to include the closing arguments of counsel. At page 107 of that transcript it merely recited, “(Argument by counsel).”

The minor applied to this court for augmentation to include the reporter’s transcription of closing argument. We ordered the augmentation. Compliance with our augmentation order has proven impossible as the court reporter failed to take notes of the closing arguments.

Based…