DEREK L. v. Superior Court

We issued an alternative writ in this matter to determine whether, under the facts of this case, the trial court could have dismissed a petition filed against petitioner under Welfare and Institutions Code section 602, with prejudice to its being refiled. We have determined that petitioner’s right to a speedy trial was not violated. Further, such a dismissal would not have been authorized by Welfare and Institutions Code section 782 as in the interests of justice. The lower court properly concluded that no authority existed to prohibit refiling of the instant petition. Therefore, the dismissal without prejudice was properly entered, and the within petition must be denied.

On December 14, 1981, a petition was filed in the Los Angeles Juvenile Court alleging that petitioner, age 15, came within the provisions of Welfare and Institutions Code section 602, in that he violated Penal Code section 484, petty theft, on October 30, 1981. Petitioner was arraigned on March 8, 1982, and the adjudication hearing was set for April 7. Petitioner remained released throughout these proceedings. On April 7, the adjudication hearing was continued to May 5, at the request of the deputy…