People v. Ferdinand R.

Opinion

THOMPSON, J.

This appeal involves the narrow issue of the legal effect of an application for rehearing of a juvenile court referee’s order filed before the referee’s hearing. Based, upon our analysis of Welfare and Institutions Code section 252 and rule 1319, California Rules of Court,

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implementing the statute, we conclude that such a premature application has no legal effect. Accordingly, we affirm a challenged disposition order of the juvenile court although it was entered after a juvenile court judge without the benefit of a transcript denied the premature application for rehearing of the proceedings before the referee leading to the order.

Two separate petitions were filed pursuant to Welfare and Institutions Code section 602 asserting the jurisdiction of the juvenile court over Ferdinand R. The petitions allege offenses ranging from robbery to assault with intent to commit murder. After a hearing concluded on January 18, 1978, a juvenile court referee found that Ferdinand was a person described in Welfare and Institutions Code section 602, sustained both petitions, and set a disposition hearing in the two matters for February 3.

On January 30, four days before the scheduled disposition hearing, Ferdinand R. filed an application for rehearing pursuant to Welfare and Institutions Code section 252. The application seeks a rehearing of the proceedings leading to the order sustaining the petition and also a rehearing of the disposition hearing to be conducted in the future. The reasons for rehearing stated in the application are limited to perceived defects in the jurisdictional hearing.

The disposition hearing was held as scheduled on February 3. Ferdinand R. was declared a ward of the juvenile court and committed to the Youth Authority. Immediately after announcing his decision, the referee advised Ferdinand of his right to a rehearing before a juvenile court judge and informed him that the application for rehearing must be in writing and made within 10 days from the time that Ferdinand received a written copy of the findings and order of the referee. Ferdinand’s trial counsel replied that he had explained the rehearing right to his client. Ferdinand responded personally that he had already applied for a rehearing. Before the referee could explore Ferdinand’s comment, Ferdinand launched into an attack upon the commitment order. The referee declined to engage in discussion of the order with Ferdinand stating: “I have explained to you your rights. You are represented by a very experienced and capable counsel who will discuss that in detail with you.” No further application for rehearing from the disposition order was made.