RICHARD N. v. Superior Court

Petitioner Richard N. (Richard), a minor, is the defendant in a juvenile proceeding under Welfare and Institutions Code section 602 based on the underlying misdemeanor offenses of resisting a public officer and disruption of the orderly operation of a school. (Pen. Code, §§ 148, 626.4.) He seeks a writ of prohibition to prevent his hearing under section 602 on the ground his rights to a speedy trial have been violated.

The facts show Richard was arrested February 26, 1980, as a result of an altercation with an officer of the National City Police Department when Richard allegedly caused a disturbance inside the school gym during a basketball game and refused to leave when asked. According to arresting Officer McQuillan, Richard was loud and belligerent and struggled with the officer when he tried to eject him. After his arrest Richard was released to his parents’ custody. The matter was then referred to the probation department. On March 21, 1980, Ms. Shaffer of that department conducted an informal hearing concerning the incident. She concluded because Richard had no prior record, had a good attitude, an exceptional school record, was involved with athletics, and had a…