People v. Michael C.

Michael C., a minor, appeals from an order of the juvenile court sustaining a petition filed against him pursuant to Welfare and Institutions Code 1 section 602 and declaring him a ward of the court on the basis of commission of a burglary in violation of Penal Code section 459. The appeal lies. (§ 800.)

*120 Appellant contends that: (1) his petition for rehearing on both adjudication and disposition was timely filed and (2) the purported denial of the petition was not timely made because the extension of the period for ruling on the application from 20 to 45 days was not made for good cause.

We agree that the petition was adequate and timely as to the disposition hearing and that there was not good cause for the extension of time to rule on the petition. We disagree, however, that the petition was timely as to the adjudication. We therefore affirm in part and reverse in part.

Facts

Appellant, a minor, was arrested for being drunk in public on December 5, 1978, at about 9:30 a.m. During the subsequent investigation 2 appellant was linked to a burglary which had occurred at approximately 2:10 a.m. on December 5, 1978.

The petition alleging that appellant came within…