People v. Maurice E.

Good Law
132 Cal. App. 4th 474·2005 Cal. App. LEXIS 1379·2005 Daily Journal DAR 10776·33 Cal. Rptr. 3d 683·2005 Cal. Daily Op. Serv. 7912
Court of Appeal of CaliforniaAugust 31, 2005No. A108654California3,059 words

Opinion

lead Opinion

Pollak, J.

Maurice E. appeals from an order of the juvenile court in proceedings under Welfare and Institutions Code 1 section 602 adjudging him to be a ward of the court. He asserts that the order must be reversed because the juvenile court improperly continued the jurisdictional hearing beyond the statutory time limit. We affirm.

Background

On October 1, 2004, a petition was filed alleging that on September 29, 2004, Maurice committed attempted second degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c), 664.) Maurice was taken into custody on September 29, and on October 4 was ordered detained for not more than 15 judicial days. The jurisdictional hearing commenced on October 19, when the victim testified. The victim was able to identify two of the boys who had attacked him, but did not identify Maurice. After the victim’s testimony, the court stated, “Let’s then discuss what we’re going to do next. You have two to three witnesses, Mr. Jhin [the prosecutor]; is that right?” The prosecutor responded, “That’s correct” and the court added, “And pursuant to our discussions, you released the two officers; is that right?” The prosecutor stated that one officer was available to…

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