In re D. A. S.
Opinion
Lead Opinion
Bray, J.
Petition for writ of habeas corpus seeking discharge of petitioner from custody after commitment by the juvenile court to the California Youth Authority.
Question Presented
Did petitioner intelligently waive his right to counsel?
Record
On July 13, 1966, petitioner, then 13 years of age, appeared before a referee of the Los Angeles County Superior Court sitting as a juvenile court for the purpose of a detention hearing. A petition had been filed charging him with unlawfully entering a home in violation of section 459 of the Penal Code (burglary), bringing him within the provisions of section 602 of the Welfare and Institutions Code.
Petitioner was accompanied by his mother and his grandmother. The referee stated “what we are going to do is make sure that Darrell and his mother and grandmother understand what rights he has in Juvenile Court. . . .
“Darrell, you and your mother are advised that you have the right at *285 all stages of the Juvenile Court proceedings to be represented by a lawyer. If you cannot afford a lawyer, the Court, upon application of your mother, can arrange to appoint one to represent you.”