Agnew v. Superior Court

WHITE, P. J.

On December 11, 1951, a petition was filed in the Superior Court of Los Angeles County sitting in separate session as a juvenile court, charging petitioner Rosemary Agnew, a juvenile, with the commission of two misdemeanors and praying that she be made a ward of the juvenile court. At that time petitioner was of the age of 17 years and married to R. W. Agnew. On December 26, 1951, respondent juvenile court made its order declaring petitioner a ward of that court, pursuant to the provisions of subdivision (m), section 700 of the Welfare and Institutions Code.

From that order petitioner, joined by her husband, filed notice of appeal to this court. After the filing of said notice of appeal, and on January 16, 1952, respondent juvenile court made its order finding said minor an unfit subject for consideration by said court and remanding the case to the Municipal Court of Los Angeles Judicial District for prosecution under the general law. On January 17, 1952, a complaint was filed in respondent municipal court against petitioner Rosemary Agnew. A notice of appeal from the aforesaid order of the juvenile court was filed on January 16, 1952.

The municipal court action proceeded to trial and petitioner was found guilty of one of the offenses charged against her. An appeal from said judgment of conviction resulted in a reversal thereof by the Appellate Department of the Superior Court of Los Angeles County (114 Cal.App.2d Supp. 841 [250 P.2d 369]). Thereupon, said municipal court action was reset for trial on January 28, 1953.

Neither of petitioner Rosemary Agnew’s appeals from the foregoing juvenile court orders have been perfected for the reason that she has been unable to obtain a reporter’s and clerk’s transcript from the juvenile court.

On January 26, 1953, petitioner and her husband filed in this court a “Petition for aid to docket a pending appeal, for an order to show cause and restraining order.”

[232]

The petition alleged the filing of the aforesaid petition in the juvenile court to declare Rosemary Agnew a ward of said court. That the court made its order declaring her a ward thereof and committing her to juvenile hall until January 16, 1952, to which date the cause was continued and placed on “Appearance Calendar.” The petition then alleges that within the time allowed by law petitioner Rosemary Agnew and her husband, “did duly take an appeal to the above entitled District Court of Appeal from said order of juvenile court made on December 26, 1951, ordering said Rosemary Agnew made a ward of said juvenile court. ’ ’ That a written notice of appeal was filed, together with a request for clerk’s and reporter’s transcript on appeal. That the judge of respondent juvenile court refused to order said transcripts and directed the clerk and reporter not to prepare the same.