In re Tuan P.
Filed 7/31/06 In re Tuan P. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. TUAN P., Defendant and Appellant. |
A111117
(Alameda County Super. Ct. No. J187211) |
A juvenile delinquency petition (Welf. & Inst. Code, § 602) was filed against appellant in Santa Cruz County alleging two counts of misdemeanor theft (Pen. Code, § 484, subd. (a)). The Santa Cruz County Juvenile Court commissioner sustained one count, dismissed the other, and transferred the proceedings to the Alameda County Juvenile Court for a dispositional hearing. Under Welfare and Institutions Code section 252 (hereafter section 252), appellant unsuccessfully sought a rehearing of the order sustaining the section 602 petition, and now appeals that decision. We affirm.
Factual and Procedural Background
On January 8, 2005, Santa Cruz police were notified of a theft of coins from a vending machine outside the Beachview Inn. Two individuals were seen by an employee of the inn near the vending machine. Five or six other individuals were observed by that same employee in a white Infinity car. Police arrived and received a description of the Infinity and its occupants from the employee. The Infinity was stopped by Santa Cruz police officers, and appellant was an occupant of the vehicle. Appellant was one of four people arrested after the officers found 107 quarters inside the vehicle.
The juvenile wardship petition alleging two counts of misdemeanor theft was filed on January 10, 2005. A jurisdictional hearing was held before the Santa Cruz County Juvenile Court commissioner on April 19 and 25, 2005. The commissioner dismissed one count of theft and sustained the other. The probation department then recommended transferring the case to Alameda County because appellant's parents resided in that county. On April 27, the proceedings were transferred to the Alameda County Juvenile Court for disposition.
On June 22, 2005, appellant applied to the Alameda County Juvenile Court for a rehearing of the April 25 order and findings pursuant to section 252.[1] At the July 5 hearing on the application for rehearing, the Alameda County Juvenile Court judge stated he did not have access to a transcript of the prior proceedings in Santa Cruz County. The court then denied the application and scheduled the dispositional hearing for August 9. At the August 9 dispositional hearing, the court declared appellant a ward of the court and placed him on probation for six months. Appellant filed a timely notice of appeal regarding the July 5 order denying the application for rehearing.
Discussion
When a juvenile court commissioner or referee sustains a delinquency petition, the minor is entitled to request a rehearing of that determination by a juvenile court judge pursuant to section 252. Section 252 provides that, after an order or findings by a referee, a minor may apply to the juvenile court for rehearing, and, if a record of the proceedings that preceded the order is available, the judge may deny a rehearing after a full review of that record. Section 252 further provides, â€
