Callahan

S. A. v. Callahan

Good Law
1970 Cal. App. LEXIS 1326·6 Cal. App. 3d 241·85 Cal. Rptr. 775
Court of Appeal of CaliforniaApril 1, 1970Civ. No. 26496California2,201 words

Opinion

Lead Opinion

Elkington, J.

*243 Opinion

Appellant S.A. is a minor, now 19 years of age. From three petitions, contemporaneously filed by her in the juvenile court, the following appears. On three occasions, the first on May 24, 1965, she was adjudged by that court to have come under the provisions of Welfare and Institutions Code section 601. The conduct which formed the basis of the adjudications was, consecutively, staying away from home overnight, truancy and battery, and possession of narcotics. She alleged that probation granted by court has now terminated and that she “is not serving a sentence for any offense, nor is under charge of commission of any crime, and has since said termination of said probation, lived an honest and upright life, and has conformed to and obeyed the laws of the land.” Each of her petitions prayed “that the finding of guilt be set aside, and that a plea of not guilty be entered, and that the court dismiss this action pursuant to section 1203.4 of the Penal Code.” The requested relief being denied, she appeals from the order denying each of the three petitions.

Her contention is that the provisions of Penal Code section 1203.4 relating to the release from penalties and…

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