Ruben V. v. Superior Court
Opinion
Lead Opinion
Hastings, J.
*725 Opinion
This proceeding challenges the validity of an arrest warrant issued in connection with a “cite-in” pilot program developed by the Los Angeles County District Attorney’s Office for use in nondetained-minor Welfare and Institutions Code section 602 proceedings. We conclude that the process utilized was ineffective to obtain jurisdiction over the minor and we grant a peremptory writ of mandate.
The Facts
On October 20,1996, Ruben V., petitioner, was detained for possession of narcotics for sale (Health & Saf. Code, § 11351) and driving a motor vehicle without a proper license. (Veh. Code, § 12500, subd. (a).) The police issued a citation on a traffic citation form titled “Notice to Appear,” which the minor signed, promising to appear in Juvenile Court on December 12, 1996.
On December 12, 1996, a petition was filed against petitioner pursuant to Welfare and Institutions Code section 602. 1 It alleged two violations of Health and Safety Code section 11351: (1) possession of heroin for sale on November 20, 1996; and (2) possession of cocaine for sale on October 20, 1996.
Petitioner failed to appear on December 12, 1996. The court appointed a public defender to…