In Re Gary O.

Statement of the Case and Facts

Petitioner’s appeal and habeas corpus petition have been consolidated for hearing. Since we reverse the judgment, the habeas corpus petition is rendered moot.

The pertinent facts are as follows: On September 9, 1977, a petition was filed in the Kern County Juvenile Court alleging that appellant, aged 17, came within Welfare and Institutions Code section 602. It was alleged in count I that appellant had violated Health and Safety Code section 11359 (possession of marijuana for sale), in count II that he violated Penal Code section 484 (petty theft of an electric drill valued at $30), and in count III that he violated Health and Safety Code section 11357, subdivision (c) (unlawful possession of more than one ounce of marijuana). At a detention hearing on September 13 appellant denied each count.

At a jurisdictional hearing on September 30 appellant indicated that he would admit the petty theft charge. The referee informed him that the district attorney had agreed to drop the other two counts if he admitted the petty theft. The referee also ascertained that appellant understood the nature of the charge and the constitutional rights he was…