In Re Kerry K.

By petition for writ of habeas corpus, petitioner Kerry K. (the minor) challenges the juvenile court’s denial of his request for release from detention following the continuance of his jurisdictional hearing. The minor contends he could not be held beyond the statutory limits specified in Welfare and Institutions Code sections 657 and 682, even if the jurisdictional hearing was continued for good cause. The issue of when the continuance of a jurisdictional hearing over a minor’s objection mandates release of that minor has repeatedly come before this court, so we take this opportunity to clarify a minor’s rights under these circumstances.

We conclude that the juvenile court erred when it refused to release Kerry K. However, because he was released from custody subsequent to the filing of his writ petition, we deny the petition for writ of habeas corpus.

PROCEDURAL BACKGROUND

On July 12, 2005, the district attorney filed a petition alleging the minor committed two counts of arson (Pen. Code, § 451, subds. (c), (d)) and one count of being in possession of flammable material with malicious intent (Pen. Code, § 453, subd. (a)). At the detention hearing the following day,…