In Re Ian J.

People v. Ian J.

Good Law
1994 Cal. App. LEXIS 134·22 Cal. App. 4th 833·27 Cal. Rptr. 2d 728·94 Daily Journal DAR 2112·94 Cal. Daily Op. Serv. 1253
Court of Appeal of CaliforniaFebruary 16, 1994F019486California2,249 words

Opinion

Opinion

Vartabedian, J.

require a verbatim record of a hearing at which the minor admits the petition? We conclude reversal is not always required; appellant, Ian J., has failed to demonstrate entitlement to reversal in the present case.

Factual and Procedural Background

A “subsequent ward petition” was filed on February 17, 1993, alleging that 16-year-old Ian J. (hereafter appellant) came within the provisions of Welfare and Institutions Code section 602. The six-count petition included count V, violation of Penal Code section 148.9, and count VI, violation of his ten previous probation orders, some of which entailed stayed confinement periods.

On March 4, 1993, the parties stipulated that Court Commissioner Timothy J. Heifer could preside over the juvenile court proceedings as a temporary judge and that all proceedings could be electronically recorded. On March 10, 1993, he conducted the jurisdictional hearing; the proceedings were neither reported nor recorded.

The clerk’s minutes for the jurisdictional hearing indicate the following: The court informed appellant of his rights to trial, to remain silent, to confront and cross-examine witnesses, and to compel attendance of witnesses.…

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