In Re JR

5 Cal.App.3d 597 (1970) 85 Cal. Rptr. 396 In re J.R., a Person Coming Under the Juvenile Court Law.

KENNETH E. KIRKPATRICK, as Probation Officer, etc., Plaintiff and Respondent,

v.

J.R., Defendant and Appellant.

Docket No. 16915. Court of Appeals of California, Second District, Division Five.

March 18, 1970. [598] COUNSEL

Ralph M. Segura for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Blanche C. Bersch, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

KAUS, P.J.

People's motion to dismiss an appeal from an order, made March 7, 1969, adjudging J.R. a ward of the juvenile court under the provisions of section 602 of the Welfare and Institutions Code. The basis for the motion is that the notice of appeal, which was filed on May 22, 1969, was too late. The relevant chronology is as follows:

March 7, 1969: A referee of the juvenile court signed an order declaring J.R. to be a ward of the court under section 602. The hearing had been reported by an official reporter.

[599] March ?, 1969: Petition for rehearing pursuant to section 558 was filed.[1] It was signed by counsel.

March 25, 1969: The clerk of juvenile court notified counsel for J.R. that the application for a rehearing had been filed, but that it was defective in that it had not been signed by the minor, his parent or legal guardian. A new application was enclosed in the clerk's letter and counsel was advised that it would be deemed timely, if signed by the client and filed within 10 days.