People v. Pedro C.

Good Law
1989 Cal. App. LEXIS 1080·215 Cal. App. 3d 174·263 Cal. Rptr. 428
Court of Appeal of CaliforniaOctober 31, 1989No. H005009California2,511 words

Opinion

Lead Opinion

Elia, J.

Appellant Pedro C. appeals a juvenile court order determining that his Penal Code section 245, subdivision (b) violation was included within the terms of Welfare and Institutions Code section 707, subdivision (b). 1 He claims the juvenile court lacked jurisdiction to review a previous, contrary determination by a juvenile court referee, and that the juvenile court’s action was barred by double jeopardy and collateral estoppel. We affirm.

On January 27, 1988, a section 602 petition was filed in Santa Clara County alleging that appellant had violated Penal Code section 245, subdivision (b) (two counts) and Vehicle Code section 23103 (one count). 2 At a hearing on April 14, appellant admitted one count of violating Penal Code section 245, subdivision (b); the other two counts were dismissed.

An order transferring proceedings to Santa Cruz County, appellant’s legal residence, was filed on April 15. Transfer was accepted on April 19. A supplemental petition alleging that appellant had violated the terms of his *178 Santa Cruz County wardship was filed on April 20. On April 27, appellant admitted the allegations of the supplemental petition. At a dispositional hearing on May…

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