In Re Joe R.

On February 11, 1969, a petition alleging that appellant came within the provisions of Welfare and Institutions Code section 602 was filed in the juvenile court. The petition charged in two paragraphs that appellant had violated Penal Code section 242 (battery) by using force and violence upon the person of two named police officers. On February 20, 1969, the matter came to a hearing before a referee of the juvenile court and evidence was taken. The matter was then continued to February 21, 1969, at which time the referee without objection amended the petition to charge in paragraph III that appellant had violated Penal Code section 148 (interfering with an officer in the discharge of his duties). In her findings and order filed that day, the referee sustained paragraph III of the amended petition but not paragraphs I and II. The petition as a whole was sustained and an order declaring appellant a ward of the court under section 602 was entered March 7, 1969. An application for rehearing was denied. Appeal was taken from the “order and finding” made on March 7, 1969, and from the order denying a rehearing. Since the order denying a rehearing is nonappealable, this portion…