Ruben V. v. Superior Court

Good Law
1997 Cal. App. LEXIS 583·56 Cal. App. 4th 723·65 Cal. Rptr. 2d 716·97 Daily Journal DAR 9333·97 Cal. Daily Op. Serv. 5824
Court of Appeal of CaliforniaJuly 22, 1997No. B109358California3,580 words

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…

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