Filed 6/16/06 In re Wayne J. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| In re WAYNE J., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Appellant, v. WAYNE J., Defendant and Respondent. |
F049321
(Super. Ct. No. JJD057173)
O P I N I O N |
APPEAL from an order of the Superior Court of Tulare County. William Silveira, Jr., Judge.
Phillip J. Cline, District Attorney, Don H. Gallian and Carol B. Turner, Assistant District Attorneys, and Barbara J. Greaver and Todd Hayward, Deputy District Attorneys, for Plaintiff and Appellant.
John F. Schuck, under appointment by the Court of Appeal, for Defendant and Respondent.
INTRODUCTION
Appellant, People of the State of California, challenges the order dismissing the Welfare and Institutions Code section 600[1] juvenile wardship petition filed against respondent Wayne J. (the petition). We agree with appellant the dismissal was premised on an error of law and will reverse.
FACTS
The petition was filed on October 7, 2003. It contains three counts, alleging forcible rape, forcible lewd act upon a child under 14 years of age, and lewd or lascivious act upon a child under 14 years of age. Respondent's younger sister is the victim. Respondent denied the allegations. He was ordered detained in a juvenile detention facility on October 8, 2003.
After psychological evaluation, respondent was found incompetent on November 14, 2003.
A section 6500 petition was granted on February 5, 2004. Respondent was committed to the Department of Developmental Services for placement. He was provided with competency training.
After respondent absconded from his placement at Fresno Serenity Homes, Inc., he was placed in the Tulare County Juvenile Detention Facility on August 10, 2004. He was placed in the Porterville Developmental Center on August 18, 2004.
On September 22, 2005, Tulare County Superior Court Judge Melinda M. Reed found respondent had been restored to competency and ordered the matter referred back to the juvenile court for â€
