People v. Devin J.

[1098]

Opinion

BUTLER, J.

Devin J. appeals an order continuing him a ward of the juvenile court under Welfare and Institutions Code

1

section 602. Devin was charged with escaping from a juvenile facility (§ 871), five counts of burglary (Pen. Code, § 459), one count of vehicle theft (Veh. Code, § 10851), two counts of taking property (Pen. Code, §§ 484/488) and one count of receiving stolen property (Pen. Code, § 496, subd. 1). It was further alleged Devin was not fit to be dealt with under the Juvenile Court Law (§ 707).

The court certified Devin to juvenile court and Devin admitted the allegations he escaped a juvenile facility and committed two burglaries. The remaining counts were dismissed with

Harvey

waivers except for one count of vehicle theft.

2

Devin was committed to the California Youth Authority (CYA) for the term of twelve years, six months.

3

He contends the disposition was improper as: (1) the court failed to properly consider alternative placement; (2) the probation department failed to file a current social study; (3) the court utilized facts underlying a dismissed count; and (4) the court relied on hearsay statements during the disposition hearing.

Since we decide the failure to prepare a current social study for dispositional hearing requires the order of commitment be reversed, we do not address other issues presented.

I

Devin asserts the court was unable to give proper consideration to the feasibility of an alternative placement since the probation department did not prepare a current social study for the dispositional hearing.

Preparation of a current social study is mandated by statute. Section 280 provides in pertinent part: “It shall be the duty of the probation officer to prepare for every hearing on the disposition of a case provided by Section