Terence C. v. Superior Coourt
Filed 4/10/07 Terence C. v. Superior Coourt CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
TERENCE C., Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. | A112608 (Alameda County Super. Ct. No. 188408) |
Defendant, a minor, filed an appeal from a dispositional order, entered by the juvenile court referee, committing him to the California Youth Authority (CYA) for a term not to exceed 10 years. Among other contentions, he argued that he timely filed an application for rehearing (Welf. & Inst. Code, 252 & 254), which was automatically granted when the juvenile court took no action on it. Initially, the People asserted that the application for rehearing was defective in form, and also argued that the referees order was not an abuse of discretion.
On our own motion, we deemed the appeal to be a petition for writ of mandate to compel the juvenile court to hold a rehearing, and issued our order to show cause accordingly. Thereafter, the People conceded that the juvenile courts apparent failure to act on the application for rehearing entitles the minor to a new dispositional hearing. The concession renders the remaining issues moot.
The parties have waived oral argument. Therefore, let a peremptory writ of mandate issue commanding respondent, Superior Court of Alameda County, to hold a rehearing (Welf. & Inst. Code, 252 & 254) in In re Terrance C., a Minor (Super. Ct. Alameda County, 2005, No. 188408).[1] This opinion is final as to this court immediately. (Cal. Rules of Court, rule 8.264(b)(3).)[2]
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STEIN, J.
We concur:
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MARCHIANO, P. J.
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MARGULIES, J.
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[1]The record indicates that the correct spelling of the minors name is Terence, although it has been spelled Terrance throughout the juvenile court proceedings.
[2]Despite our invitation to do so, the parties have not reached a stipulation for immediate issuance of the remittitur. (Cal. Rules of Court, rule 8.272(c)(1).)
