In Re Ferdinand R.

This appeal involves the narrow issue of the legal effect of an application for rehearing of a juvenile court referee’s order filed before the referee’s hearing. Based, upon our analysis of Welfare and Institutions Code section 252 and rule 1319, California Rules of Court, implementing the statute, we conclude that such a premature application has no legal effect. Accordingly, we affirm a challenged disposition order of the juvenile court although it was entered after a juvenile court judge without the benefit of a transcript denied the premature application for rehearing of the proceedings before the referee leading to the order.

Two separate petitions were filed pursuant to Welfare and Institutions Code section 602 asserting the jurisdiction of the juvenile court over Ferdinand R. The petitions allege offenses ranging from robbery to assault with intent to commit murder. After a hearing concluded on January 18, 1978, a juvenile court referee found that Ferdinand was a person described in Welfare and Institutions Code section 602, sustained both petitions, and set a disposition hearing in the two matters for February 3.

On January 30, four days before the scheduled…