In Re Daniel M.

Good Law
1996 Cal. App. LEXIS 719·47 Cal. App. 4th 1151·55 Cal. Rptr. 2d 17·96 Daily Journal DAR 9053·96 Cal. Daily Op. Serv. 5558
Court of Appeal of CaliforniaJuly 26, 1996B098060California1,980 words

Opinion

Opinion

Boren, J.

Daniel M. has petitioned this court for a writ of habeas corpus directing the juvenile court to set aside its December 12, 1995, order redetaining petitioner.

I. Factual and Procedural Background

Petitioner was bom on July 20, 1977. On July 25, 1994, he was declared a ward of the juvenile court, and ordered to complete a program of camp-community placement. Upon his release from camp, he was ordered to appear in juvenile court on August 24, 1995, for a progress report on his compliance with the terms and conditions of his probation. However, a nonappearance probation officer’s report, dated June 27,1995, indicated that petitioner’s father was unaware of petitioner’s whereabouts and that he suspected petitioner of being in possession of a firearm. On June 27, 1995, an arrest warrant was issued, and the August 24, 1995, progress report date was advanced and vacated.

Petitioner was arrested on the warrant on Saturday, December 2, 1995, and transferred to juvenile hall for housing. On December 6, 1995, he was transported to department 240 of the juvenile court. The arrest warrant, issued June 27, 1995, was recalled, and petitioner’s case was continued to December 11, 1995,…

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