In Re Kevin B.

Opinion

BEACH, J.—

I

The Issue

The question presented in this case is whether a juvenile may be detained after an adjudication hearing but pending the dispositional hearing even though he was at liberty pending the adjudication hearing.

II

Background

The juvenile in this case was charged with committing an act which would have been stealing an automobile if committed by an adult. He previously had been found in violation of the law and was on the juvenile equivalent of probation for an assault charge. In the instant matter, the petition was sustained and the facts were found to be true as alleged

[810]

that he had violated a criminal statute stealing another person’s car. Although he had been at large during the proceedings, after the adjudication the juvenile court ordered him detained (i.e., remanded to custody) following the adjudication.

Through his lawyer, the public defender, the juvenile sought release from such detention pending the dispositional hearing. He applied to this court for a writ of habeas corpus. We denied the writ and he applied to the Supreme Court. The Supreme Court retransferred the matter to this court. Although seemingly moot because of the passage of time, we read the order of retransfer as directing this court to consider the matter on its merits.

Relying upon

In re Macidon

(1966) 240 Cal.App.2d 600 [49 Cal.Rptr. 861], the public defender, on behalf of the juvenile, argues that without a showing of new facts since the petition was filed, the petitioner could not be remanded to custody. Counsel for the juvenile declares “The fact situation in

Macidon

is identical to those in this case,

except

that in

Macidon