In Re Julio N.

People v. Julio N.

Good Law
1992 Cal. App. LEXIS 209·3 Cal. App. 4th 1120·5 Cal. Rptr. 2d 86·92 Daily Journal DAR 2431·92 Cal. Daily Op. Serv. 1546
Court of Appeal of CaliforniaFebruary 24, 1992A052517California1,018 words

Opinion

Opinion

Stein, J.

The district attorney filed a petition in the Contra Costa Superior Court alleging that 14-year-old Julio N. had stolen a vehicle (Veh. Code, § 10851, subd. (a)), had committed felonious hit-and-run driving resulting in injury and had failed to fulfill his duty to stop, identify himself and render aid (Veh. Code, §§ 20001, subd. (b)(1), 20003, 20004), and had evaded a police officer while driving in willful disregard of others (Veh. Code, § 2800.2). Julio submitted the matter on the police reports to a juvenile court referee. The referee dismissed the charges relating to hit-and-run driving, found true the other charges and committed Julio to a county facility for a maximum period of confinement of four years and eight months.

Julio appeals, contending (1) that the order of commitment is void because the referee lacked jurisdiction over him, and (2) that the sentence imposed is illegal. We will reject his first contention but, finding the second to have merit, will amend the order of commitment.

Discussion

I.

Julio Waived Any Right to Challenge the Jurisdiction of the Juvenile Court Referee

The relevant proceedings were presided over by juvenile court referees.…

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