In Re Kevin S.

Good Law
113 Cal. App. 4th 97·6 Cal. Rptr. 3d 178
Court of Appeal of CaliforniaNovember 6, 2003B164799California8,044 words

Opinion

Opinion

Turner, J.

We asked the parties to brief two questions. First, we requested briefing as to whether Wende — outlining procedures designed to protect an indigent adult criminal defendant's Fourteenth Amendment right to appointed counsel on appeal — applies to an appeal in a juvenile delinquency matter. Second, we requested briefing as to whether the juvenile court correctly calculated the minor's predisposition credit. In the published portion of this opinion, we conclude a delinquency proceeding is sufficiently similar in substance and import to a criminal prosecution that indigent juveniles, like criminal defendants, are entitled pursuant to the Fourteenth Amendment of the United States Constitution to appointed counsel on a first appeal as of right. Consequently, a Wende brief was properly filed in this case. Pursuant to Wende , we then were required to conduct an independent evaluation of the record for error. Additionally, in the unpublished portion of this decision, we find the minor received inadequate custody credit for his predisposition detentions. We modify the juvenile court's orders to award the minor 333 days of predisposition credit. We affirm the juvenile court's January 27,…

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