In Re Anthony H.

An amended petition in juvenile court charged Anthony H. with robbery (Pen. Code, § 211), with obstructing a peace officer (§ 148), and grand theft person (§ 487, subd. 2).

The parties stipulated to the appointment of the juvenile court referee as a temporary judge, and the jurisdictional hearing began February 22,1982. After the People presented its case, Anthony moved to dismiss the robbery. The court announced the motion was granted, apparently because it believed no threat of force or fear was used. A few minutes later, however, the court realized its ruling may have been both improper and unlawful since it had not heard from the district attorney. The court then stated it would like counsel to research the issue and it was reserving its ruling on this motion until that was done. On stipulation of counsel, the trial was continued until February 25, 1982.

After reviewing the law, on February 25, the court denied the motion for dismissal of the robbery charge. Anthony objected claiming the robbery charge had been dismissed and he could not be tried again because he had already been placed in jeopardy. His objection was overruled and Anthony then presented his defense.…