In Re Albert M.
People v. Albert M.
Opinion
Lead Opinion
Timlin, J.
I
Introduction
The People of the State of California (the People) appeal from a judgment entered following the dismissal, without prejudice, of a petition alleging that *355 Albert M., a juvenile, was a minor who came within the provisions of section 602 of the Welfare and Institutions Code.
II
Facts
On January 22, 1990, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that Albert M. was a minor coming within the provisions of that section because, on or about December 14, 1989, the minor had wilfully and unlawfully carried a loaded firearm on his person and in a vehicle while in a public place and on a public street. The matter was set for hearing on February 21, 1990, and the minor’s parents were mailed a copy of the notice of hearing on January 24, 1990.
On February 21, minor and his mother appeared in court. Minor waived the time for the jurisdiction hearing “+ 30 days,” and denied the allegations of the petition. Trial was set for March 6, 1990.
On March 6, 1990, the hearing was continued to April 10, 1990; no reason for the continuance is reflected on the court’s minutes.
On April 10, 1990, the hearing was continued to May…
Concurring Opinion
Timlin, J.
I write this separate concurring opinion because in my view there is a further basis for reversal.
I would hold that the juvenile court erred because it did not set forth the specific reasons for its dismissal of the petition in the minutes of the 5 p.m. October 23 proceedings at which the petition was dismissed.
Both parties assumed erroneously that Penal Code section 1385 1 is applicable to this case. Section 1385 provides, in relevant part:
However, section 1385 is not the applicable statute in juvenile proceedings. Instead, Welfare and Institutions Code section 782 applies to dismissal of a petition filed to declare a minor a ward of the court pursuant to Welfare and Institutions Code section 6Q2. Welfare and Institutions Code section 782 provides:
*360 Although Welfare and Institutions Code section 782, unlike section 1385, does not specifically provide that the court in a juvenile proceeding must state its reasons for a dismissal in an order entered upon the juvenile court minutes, an analogous requirement is found in California Rules of Court, rule 1493 (rule 1493), which provides, in relevant part, that:
I recognize that rule 1493 refers specifically to a dismissal at…
Opinion
[Opinion certified for partial publication. [*] ]
OPINION
TIMLIN, J.
The People of the State of California (the People) appeal from a judgment entered following the dismissal, without prejudice, of a petition alleging that Albert M., a juvenile, was a minor who came within the provisions of section 602 of the Welfare and Institutions Code.
On January 22, 1990, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that Albert M. was a minor coming within the provisions of that section because, on or about December 14, 1989, the minor had wilfully and unlawfully carried a loaded firearm on his person and in a vehicle while in a public place and on a public street. The matter was set for hearing on February 21, 1990, and the minor's parents were mailed a copy of the notice of hearing on January 24, 1990.
On February 21, minor and his mother appeared in court. Minor waived the time for the jurisdiction hearing "+ 30 days," and denied the allegations of the petition. Trial was set for March 6, 1990.
On March 6, 1990, the hearing was continued to April 10, 1990; no reason for the continuance is reflected on the court's minutes.