People v. Superior Court (Jorge C.)

Opinion

THE COURT.

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People request a writ of mandate vacating an order granting defendant Jorge C.’s (C.) motion to dismiss with prejudice the juvenile court petition filed against him, and allowing People to refile the charges. Because C. failed to make a showing of prejudice, the order dismissing the petition is error. Accordingly, we hold refiling of the charges is permitted and People’s petition for writ of mandate is granted.

Discussion

1.

Factual and Procedural Background

A petition pursuant to Welfare and Institutions Code section 602 was filed against C., a minor, alleging that C. committed robbery with use of a knife. (Pen. Code, §§ 211; 12022, subd. (d).) On February 5, 1990, C. failed to appear and the matter was continued. On April 2, 1990, C. was arraigned on the petition and an adjudication was scheduled for May 11, 1990.

On April 11, 1990, C. was involved in a drive-by shooting, resulting in the filing of a second petition alleging two assault counts with use of a firearm. (Pen. Code, § 245, subd. (a)(2).)

On May 11, 1990, while C. was waiting in court for adjudication of the robbery petition, Detective John Thacker arrested C., taking him away from the courthouse. Thacker told Manuel Garcia, the prosecutor handling the assault petition, about the arrest but failed to tell Robert Knowles, the prosecutor handling the pending robbery petition. Garcia did not convey the information to Knowles. When C. failed to appear, the court, not

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having been informed of C.’s arrest, issued a warrant for C. and continued the adjudication on the robbery petition.

On May 18, 1990, the court held a prima facie case had been established as to the assault charges and ordered C. detained for the “protection of the community.”

On June 4, 1990, C.’s motion to dismiss for violation of his right to due process of law and to speedy trial on the robbery petition was heard. The court granted the motion and dismissed the petition with prejudice.