In Re Rottanak K.
People v. Rottanak K.
Opinion
Opinion
Dibiaso, J.
We hold that the People have a right to appeal an order by the juvenile court sustaining, without leave to amend, a demurrer to an enhancement allegation pled in a petition brought pursuant to Welfare and Institutions Code section 602. We further hold that Penal Code section 12022.1 applies to a minor who has been released from custody, pending a jurisdictional hearing, under a “general release.’’
Procedural History
On February 28, 1994, a subsequent ward petition was filed in Stanislaus County Superior (Juvenile) Court, alleging that Rottanak K., bom September 4, 1978, came within the provisions of Welfare and Institutions Code section 602 by committing residential robbery (Pen. Code, § 212.5, count I), burglary (Pen. Code, § 459, count II), and vehicle theft (Veh. Code, § 10851, count III), and by violating a condition of probation (count IV). With regard to counts I through III, it was further alleged that Rottanak had previously been convicted of a felony two or more times (Pen. Code, § 1203, subd. (e)(4)), and that when he committed the instant offenses he had been generally released pending a jurisdictional hearing on an earlier felony offense (Pen. Code, §…