David B. v. Superior Court

This case presents the question as to whether a juvenile court is required to dismiss fitness proceedings when a minor is detained for more than 13 judicial days after the order of detention.

Petitioner seeks a peremptory writ of mandate or prohibition compelling the Los Angeles Superior Court to cease further criminal proceedings against him and to vacate its order finding him not to be a fit and proper subject to be dealt with under the Juvenile Court Law. He contends that in view of his right to a copy of the probation report at least 24 hours before a fitness hearing is held (Cal. Rules of Court, rule 1347(c)), his request for a 24-hour continuance so that he could review the probation report did not constitute a waiver of the time provisions of California Rules of Court, rule 1346(a). California *625 Rules of Court, rule 1346(a), provides, “If a minor (1) is alleged to be a person described in section 602 by reason of the violation of any criminal law; and (2) was, at the time of the alleged violation, 16 years of age or older, the prosecuting attorney may, prior to the attachment of jeopardy, request a hearing to determine whether the minor is a fit and proper…