In Re Marco A.
People v. Marco A.
Opinion
Opinion
Benke, J.
Appellant Marco A. appeals from a juvenile court order, following a true finding on a Welfare and Institutions Code section 111 supplemental petition, declaring him a continuing delinquent and placing him in the California Youth Authority (CYA). Marco claims a host of substantive and procedural errors involving that finding and asks we reverse and dismiss. The Attorney General essentially agrees error occurred but argues remand and not dismissal is the proper disposition. We conclude insufficient evidence exists to support the true finding on the section 777 allegation and hold, based on double jeopardy concepts, that the allegation may not serve as the basis of a renewed section 777 proceeding.
Background
On February 21, 1995, the prosecutor filed a unitary section 602/777 petition, charging Marco with assault with a deadly weapon and felonious battery. At the time of the alleged offenses Marco was absent without leave (AWOL) from a prior placement but this fact was not alleged in the petition.
During direct examination of the arresting officer, the prosecutor asked if Marco made any admissions concerning his AWOL status. The officer stated he did. Defense counsel…