In Re Raymond B.

People v. Raymond B.

Good Law
121 Cal. App. 3d 785·175 Cal. Rptr. 359·1981 Cal. App. LEXIS 1979
Court of Appeal of CaliforniaJune 24, 1981Crim. 38428California781 words

Opinion

Opinion

Ashby, J.

On a petition under Welfare and Institutions Code section 602, the Kern County Juvenile Court found that appellant committed burglary. The matter was transferred to Los Angeles County for disposition. In another petition filed in Los Angeles County, appellant was charged with seven counts of burglary and one count of grand theft. Appellant admitted the allegations of count VIII (burglary) and counts I through VII were dismissed. On disposition of both petitions, appellant was ordered into a camp community placement not to exceed three years.

Appellant first contends that the court failed to make the required findings for removing a minor from the physical custody of a parent or guardian. (Cal. Rules of Court, rule 1372(b); Welf. & Inst. Code, § 726; In re B. G. (1974) 11 Cal.3d 679, 683 [ 114 Cal.Rptr. 444 , 523 P.2d 244 ].) This argument is without merit because appellant was not in the physical custody of his parents or a guardian; his mother was institutionalized and his father had disappeared two years earlier. Appellant was already a dependent child of the court, living in a foster home. Appellant’s foster parent did not have the fundamental interest in appellant’s…

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