In Re Francis W.

Bad Law
117 Cal. Rptr. 277·42 Cal. App. 3d 892
Court of Appeal of CaliforniaOctober 31, 19742238California3,609 words

Opinion

Opinion

BROWN (G.A.), P.J.

One of the key issues in this case is whether the juvenile court in a hearing on a supplemental petition charging new offenses, filed pursuant to Welfare and Institutions Code sections 775-778, must accord a minor the same constitutional protections to which he is entitled upon an original petition. Apparently no case has passed upon this precise point.

Francis W., a minor, was adjudged a ward of the juvenile court on October 31, 1972, and placed on probation. At review hearings on April 2 and November 5, 1973, he was continued in that status.

The issues herein arise by reason of a supplementary petition filed by the probation department on January 18, 1974, in which it was recommended that the previous disposition be modified because the minor allegedly (1) was found in possession for sale of cocaine (Health & Saf. Code, § 11351) on January 17, 1974 (count I), (2) received stolen property (Pen. Code, § 496, subd. 1) on January 17, 1974 (count II), (3) escaped from the Robert K. Meyers Boys Ranch in December 1973 (count III), and (4) committed a burglary (Pen. Code, § 459) on January 10, 1974 (count IV).

In a contested jurisdictional hearing the…

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