CHILDREN AND THE LAW
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Delinquency Matters
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Post-Disposition Issues
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Appeal
............Case Law
11 Cards On This Topic:
In context of contested jurisdictional hearing and appeal challenging sufficiency of evidence, no adequate substitute for complete record.
DA's appeal cognizable where trial court exceeded its authority in dismissing count, adding count and allowing M to admit the new allegation as part of plea bargain — appeal did not threaten M's probation and not barred by W&IC 800(c).
Routine continuation of a previous order without change does not revive the right to appeal the merits of a previous order that has become final.
Minor found guilty of curfew violation by hearing officer at Informal Juvenile and Traffic Court has no right to appeal to Court of Appeal.
Welf. & Inst. Code §800 (c) does not preclude a minor from appealing order granting probation.
Mother has no standing to appeal son's Welf. & Inst. Code §602 wardship and home probation order.
People may appeal order sustaining, w/out leave to amend, M’s demurrer to PC §12022.1 enhancement allegation.
Since Ms not yet placed in jeopardy, People had right to appeal dismissal order following grant of suppression motion [W&IC §800(b)(4)].
Reversal not required where no prejudice; clerk’s detailed minutes adequately substitute for verbatim record of jurisdictional hearing.
M did not waive right to rehearing because of court’s failure to have jurisdictional hearing reported; no right and no waiver where hearing held by commissioner, not referee (W&IC 252).
Court’s erroneous advisement of maximum penalty at jurisdictional hearing waived if not raised at dispositional hearing.