In Re Glenn K.

Opinion

ALLPORT, Acting P. J.

Petitioner a ward of the juvenile court, seeks a writ of habeas corpus in contesting an order of the juvenile court dated August 4, 1977, imposing an additional condition of probation that he be

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committed to juvenile hall for a period of not less than 15 nor more than 30 days duration to commence August 15, 1977. After petition for hearing in the Supreme Court that court stayed the superior court’s detention order pending final disposition of the habeas corpus petition.

Petitioner then 16 years of age was declared a ward of the juvenile court on January 20, 1977, following the sustaining of a petition (Welf. & Inst. Code, § 602) alleging he had committed burglary . (Pen. Code, § 459) and violated curfew. (L. A. County Ord., § 9258.1.) He was placed on probation in the home of his mother on certain conditions of probation, one of which imposed the obligation to perform 200 hours óf work at the juvenile work development program under supervision of the probation officer. No condition imposed any juvenile hall detention.

On July 26, 1977, petitioner appeared in juvenile court pursuant to a probation officer’s report entitled “Notice Of Motion And Motion For Modification Of Order Granting Probation (775 W&I Code).” The probation report, submitted at the July 26 hearing, alleged violation of previously imposed conditions of probation in that petitioner had been terminated from the work program he had been ordered to complete because of too many unexcused absences (3). On motion of petitioner’s counsel, the matter was continued to August 4, 1977, for the purpose of preparation.

On August 4, 1977, the matter was heard as a “775 WIC motion” in juvenile court over petitioner’s objection to the proceeding based upon the fact that he was being subjected to confinement without the filing of a supplemental petition under Welfare and Institutions Code section 777

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