In Re Darrell P.

We must decide a procedural issue of juvenile law based on our interpretation of a recent decision by our Supreme Court, In re Winnetka V. (1980) 28 Cal.3d 587 [ 169 Cal.Rptr. 713 , 620 P.2d 163 ]. Is due process violated when a superior court, sitting as a juvenile court, exercises its statutory authority to order a rehearing, without first obtaining and reviewing a transcript of the testimony heard by the referee? Under the facts of this case, which we relate below, we conclude that the -procedure used is constitutionally permissible.

Darrell P. appeals from an order of commitment to the California Youth Authority entered by the Superior Court of Yolo County, sitting as a juvenile court, after a rehearing of an order of a referee committing the minor to the Youth Authority but suspending the commitment and releasing him to the custody of his parents. Appellant argues that the trial court committed error of constitutional dimensions in ordering a rehearing without obtaining and reviewing a transcript of the testimony at the hearing before the referee. We reject this contention and affirm the order of commitment.

I

Appellant’s legal difficulties began on July 14, 1978,…