Capovilla v. Mary B.

Opinion

FRIEDMAN, Acting P. J.

In company with two boys Mary B., age 15, took an automobile trip without consent of the vehicle’s owner. The Butte County Juvenile Court entered a jurisdictional order declaring she came within section 602, Welfare and Institutions Code.

1

It ordered the case transferred to Tehama County where the minor and her parents lived. In the latter county the court appointed counsel, held a hearing and entered an order of disposition. The minor’s attorney filed in Tehama County a notice of appeal from the jurisdictional order of the Butte County court.

The order of transfer to the county of the minor’s residence had accomplished removal of “the entire case” to Tehama County. (§ 750.) Thus, although the appeal is from the order of the Butte County court, the notice of appeal was properly filed in Tehama County. A party who seeks to attack a transferred wardship order should recognize that the clock is running on his appeal without regard to developments in the county of residence. (See § 800.) Here the appeal is timely, the notice having been filed just before lapse of the 60-day period from the order under attack. (See rule 2, Cal. Rules of Court;

In re De Baca,

197 Cal.App.2d 672, 675 [17 Cal.Rptr. 554].)

The sole record of the Butte County proceeding is a jurisdictional order and finding signed by a juvenile court referee. It consists of a prepared form containing a series of alternative statements expressed by means of x’s or check marks. It recites the presence of the minor and

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her parents, but not of an attorney or court reporter.

2

Relative to the declaration and waiver of rights, the form states: “Court advises Minor and those present of right to legal counsel and explains purpose of this hearing and programs used by juvenile court, and nature of Petition and charges contained therein. Minor waives counsel, states she understands the Petition and charges and wishes to proceed.”

. The jurisdictional order violates constitutional and statutory standards and cannot stand. The Juvenile Court Law has incorporated and spelled out constitutional rights to representation by counsel, to protection against self-incrimination and to confrontation and cross-examination of witnesses. In cases involving the minor’s violation of a penal statute, sections 634 and 700 require the court to appoint an attorney for the juvenile unless there is an intelligent waiver. Section 702.5 declares that the minor has a privilege against self-incrimination and a right to confront and cross-examine witnesses.