In re Talbott

Good Law
1988 Cal. App. LEXIS 1219·206 Cal. App. 3d 1290·254 Cal. Rptr. 421
Court of Appeal of CaliforniaDecember 28, 1988No. E005947California2,267 words

Opinion

Lead Opinion

Hollenhorst, J.

The superior court ordered minor detained in juvenile hall after finding minor to be a person described by section 602 of the *1292 Welfare and Institutions Code. Minor has petitioned for the issuance of a writ of habeas corpus relieving her from the detention order. This court granted the petition for writ of habeas corpus and issued an order to show cause why the relief prayed for should not be granted. Pending determination of the petition, this court ordered the juvenile court to conduct a detention hearing pursuant to Welfare and Institutions Code section 632 et seq.

We are called upon to decide whether a minor, having been adjudicated to fall within the provisions of Welfare and Institutions Code section 602, is entitled to a detention hearing after being detained prior to disposition.

Facts

Minor appeared initially in the Los Angeles County Superior Court, Juvenile Division, and admitted the truth of paragraph 2 of the petition, auto theft, a felony (Veh. Code, § 10851); the court, at a jurisdictional hearing, found minor to be a person described by Welfare and Institutions Code section 602. Finding minor’s residence to be in Riverside County, the court…

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