In Re Michael B.

A petition filed August 11, 1980, charged Michael B. with burglary of the Loper residence on August 9, 1980. Following his detention hearing on August 12 after an attorney had been appointed to represent him, he confessed during police initiated interrogation to the Loper burglary and to two other burglaries committed by him on August 4 and 8. A second petition charged him with these additional burglaries. In a jurisdictional hearing, the court excluded from evidence the confession to the Loper burglary because it was the product of police questioning after the filing of formal charges at a time when Michael had counsel in accordance with the rule of Massiah v. United States (1964) 377 U.S. 201 [ 12 L.Ed.2d 246 , 84 S.Ct. 1199 ]. (See also People v. Isby (1968) 267 Cal.App.2d 484 [ 73 Cal.Rptr. 294 ]; People v. Brice (1966) 239 Cal.App.2d 181 [ 48 Cal.Rptr. 562 ].) The petition based on that burglary was dismissed for insufficient evidence. The court, in deciding the confessions of the two other burglaries did not come within the rule, found the allegations of the second petition to be true, and ordered Michael to spend five days in juvenile hall.

In this appeal, Michael…