[DOWNLOAD] "In Re Steven O." by Fifth Appellate District Court of Appeal of California " Book PDF Kindle ePub Free
eBook details
- Title: In Re Steven O.
- Author : Fifth Appellate District Court of Appeal of California
- Release Date : January 08, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This appeal from an order committing Steven O. to the California Youth Authority raises several interesting issues. We initially hold that a juvenile court referee is disqualified from hearing a supplemental petition alleging violation of probation terms in an earlier order resulting from a petition prosecuted by the referee in his previous role as a deputy district attorney. Because Steven failed to assert the ground of disqualification at the earliest possible opportunity, however, we will conclude he waived it. Next, we hold that the petition leading to the order under review did not notify Steven that his confinement time remaining from his earlier juvenile court orders might be aggregated with that imposed for the offense alleged in the current petition, as required by In re Michael B. (1980) 28 Cal. 3d 548 [169 Cal. Rptr. 723, 620 P.2d 173], but Steven was not prejudiced by the defect. Finally, we hold that the court was not precluded from vacating its immediately preceding dispositional order and modifying an earlier disposition order under Welfare and Institutions Code*fn1 section 777. On this last issue we decline to follow In re Scott K. (1984) 156 Cal. App. 3d 273 [203 Cal. Rptr. 268].
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