In Re Kasaundra D.

People v. Kasaundra D.

Good Law
121 Cal. App. 4th 533·16 Cal. Rptr. 3d 920·2004 Cal. App. LEXIS 1306·2004 Daily Journal DAR 9843·2004 Cal. Daily Op. Serv. 7297
Court of Appeal of CaliforniaAugust 10, 2004B169043California3,374 words

Opinion

Opinion

Curry, J.

Appellant Kasaundra D. contends that in a situation where two or more Welfare and Institutions Code section 602 juvenile petitions charging a minor with criminal misconduct are filed under the same superior court case number, an order terminating jurisdiction issued by the judicial officer presiding over proceedings on two petitions requires proceedings on the other petition to cease. For the reasons discussed, we agree.

FACTUAL AND PROCEDURAL BACKGROUND

The Three Petitions

Appellant, bom in July 1982, was brought before the juvenile court on three separate petitions, one filed May 16, 1997' (Petition 1); one filed June 20, 1997 (Petition 2); and one filed September 10, 1999 (Petition 3).

Petition 1 alleged that appellant had committed two counts of second degree robbery in violation of Penal Code section 211 and personally used a knife (Pen. Code, § 12022, subd. (b)(1)). According to the probation officer’s report, the crime involved an attempt to take bags of Halloween candy from two trick-or-treaters by physical force and display of a knife tucked in appellant’s waistband. The petition was amended in June 1997 to allege misdemeanor grand theft (Pen. Code, § 487,…

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