In re William B.
Opinion
Lead Opinion
Barrydeal, J.
On appeal from a judgment committing him to the California Youth Authority, appellant contends that reversible error occurred (1) in failure to obtain a stipulation authorizing the referee to conduct a jurisdictional hearing, and (2) in failure to provide him with a written order and explanation of his right to a rehearing. He also argues against the People’s assertion that an award of conduct credits should be stricken. We affirm and strike the conduct credit.
The Supreme Court held in In re Perrone C. (1979) 26 Cal.3d 49, 57 [ 160 Cal.Rptr. 704 , 603 P.2d 1300 ], “that absent a stipulation conferring judicial power, a juvenile court referee does not have authority under the California Constitution to conduct a jurisdictional hearing . .. based on a section 602 petition.” The hearing of July 6, 1981, was not a jurisdictional hearing within the meaning of the rule of Perrone C. A jurisdictional hearing is a trial of contested issues. (See In re Perrone C., supra, 26 Cal.3d at p. 52 .) Where, as here, the minor admits the allegations of the petition, the jurisdictional hearing is waived (Welf. & Inst. Code, § 657), 1 and the referee may immediately *428 proceed to make…