Cabell v. Gary R.

Opinion

ASHBY, J.

Appellant attempts to appeal from an order by a referee of the juvenile court finding that appellant is a person described by Welfare and Institutions Code section 602. We have concluded that the notice of appeal was not timely filed and the appeal must be dismissed.

On January 29, 1975, a referee of the juvenile court found true paragraphs I and II of a petition alleging that appellant came within Welfare and Institutions Code section 602 in that he committed burglary

[852]

and battery. (Pen. Code, §§ 459, 242.) At the dispositional hearing on February 13, 1975, a different referee ordered that appellant remain a ward of the juvenile court under section 602 and be placed on probation in the home of his parents. He advised appellant of his appellate rights pursuant to rule 251, California Rules of Court.

1

On February 24, 1975, appellant filed a petition for rehearing by a judge of the juvenile court pursuant to Welfare and Institutions Code section 558. On April 29, 1975, a judge of the juvenile court denied the petition for rehearing, and a copy of this order was furnished to the applicant on that date. The notice of appeal, in propria persona, “from the orders of the Juvenile Court on Wednesday, January 29, 1975,” although dated June 26, 1975, was not filed until Tuesday, July 1, 1975, 63 days after the order denying the petition for rehearing.

2

Discussion

Under Welfare and Institutions Code section 800, a “judgment or decree of a juvenile court or final order of a referee which becomes effective without approval of a judge of the juvenile court assuming jurisdiction and declaring any person to be a person described in Section . . . 602 . . . may be appealed from in the same manner as any final judgment, and any subsequent order may be appealed from as from an order after judgment . . . .” The time limit to file the notice of appeal is 60 days from the applicable order. (Cal. Rules of Court, rule 2;

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