In Re Regina N.

People v. Regina N.

Good Law
117 Cal. App. 3d 577·172 Cal. Rptr. 810·1981 Cal. App. LEXIS 1577
Court of Appeal of CaliforniaMarch 31, 1981Civ. 19293California2,645 words

Opinion

Opinion

Blease, J.

Regina N., a minor, seeks reversal of a jurisdictional order of the Juvenile Court of Shasta County which is founded upon an admission to the offense of receiving stolen property which she claims was obtained in violation of rights emanating from Boykin v. Alabama (1969) 395 U.S. 238 [ 23 L.Ed.2d 274 , 89 S.Ct. 1709 ], and In re Tahl (1969) 1 Cal.3d 122 [ 81 Cal.Rptr. 577 , 460 P.2d 449 ], as codified and extended in California Rules of Court, rule 1354. We agree and reverse the order, finding the error to be prejudicial.

Facts

Early in the morning of November 2, 1979, McArthur’s Mercantile store in Shasta County was burglarized and three cases of beer were taken. An hour and a half later, Regina N., aged 13, and four other persons were found sleeping in a car mired in a muddy field. The car was littered with beer cans.

On November 5, 1979, a petition was filed charging Regina with burglary (Pen. Code, § 459) of the store. At the jurisdictional hearing on November 26, 1979, the petition was orally amended by the addition of the lesser charge of receiving stolen property (Pen. Code, § 496), as a misdemeanor.

Regina’s admission of the offense was obtained as…

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