Terence C. v. Superior Coourt
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.
The parties have waived oral argument. Therefore, 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). This opinion is final as to this court immediately. (Cal. Rules of Court, rule 8.264(b)(3).)
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