In Re John S.

This is a habeas corpus proceeding in which petitioner John S. seeks to test the validity of a juvenile court order which requires him, as a condition of probation, to spend between five and ten days custodial time in juvenile hall.

On March 29, 1978, a petition was filed alleging that John S. was a person within the provisions of section 602 of the Welfare and Institutions Code because he committed four acts in violation of Penal Code section 459 (burglary), as detailed in counts I through IV of the petition. John appeared in court on April 19, 1978, and admitted counts I and II, at which time the other two counts were dismissed “based on minor’s admission to Counts I & II.”

The disposition hearing was held on May 10, 1978. The report of the probation officer was submitted and taken into consideration by the court. In brief, the report indicated that John (who was 14 years of age at the time of the report) had been arrested once 2 years prior to this offense and once since the proceedings were instituted. The first action was “suspended” and the most recent, which involved a Penal Code section 211 charge (robbery), was rejected by the district attorney on the ground…