Cabell

Cabell v. Frances S.

Good Law
130 Cal. Rptr. 844·1976 Cal. App. LEXIS 1681·59 Cal. App. 3d 898
Court of Appeal of CaliforniaJuly 1, 1976Crim. No. 27802California946 words

Opinion

Lead Opinion

Kingsley, J.

The mother of a minor appeals from orders of the superior court, declaring her son to be a ward of the juvenile court and placing him in a camp program. For the reasons set forth below, we affirm the orders.

I

We deal, first, with a procedural matter. The record on appeal treats the case as an appeal from an order of Referee Garfinkle; the People’s brief treats it as an appeal from an order of Benjamin Louie, acting as a temporary judge, and from an order of Referee Garfinkle. We regard the appeal as being from the order of Judge Giannini denying a rehearing of Referee Garfinkle’s dispositional order. This appeal, however, brings before us the jurisdictional order of Temporary Judge Louie.

As originally enacted, section 702 of the Welfare and Institutions Code, referred to the determination that a minor was a person described in sections 600, 601 or 602 of the Welfare and Institutions Code as a “judgment.” That language led to the opinion that the jurisdictional determination was immediately appealable as a final judgment and that the dispositional order was appealable, under section 800 of the Welfare and Institutions Code, as an order after judgment. (See the…

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