In Re FE

California Court of Appeal Feb 16, 1977 No. 49174Published

Before: Kingsley

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Holding. The court held that the 10-day period for a juvenile court judge to act on a motion for rehearing under Welfare and Institutions Code section 567 is procedural rather than jurisdictional, and affirmed the finding that the appellant's deliberate acceleration causing loss of traction constituted an exhibition of speed.

Issues

Whether the 10-day period in Welfare and Institutions Code section 567 for a judge to act on a rehearing motion is jurisdictional.
Whether the evidence was sufficient to support a finding of a motor vehicle exhibition of speed under Vehicle Code section 23109, subdivision (b).

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the 10-day period provision of section 567 is not jurisdictional but procedural.”

“Where a person accelerates a vehicle in such manner as to deliberately cause it to skid, he is not only diminishing his control but increasing the hazard to bystanders or other vehicles from flying gravel.”

67 Cal.App.3d 222 (1977) 136 Cal. Rptr. 547 In re F.E., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent,

F.E., Defendant and Appellant.

Docket No. 49174. Court of Appeals of California, Second District, Division Four.

February 16, 1977. [223] COUNSEL

F.E., in pro. per., for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Howard J. Schwab and Beverly K. Falk, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KINGSLEY, Acting P.J.

Appellant, a juvenile, appeals from an order denying his motion, made under section 567 of the Welfare and Institutions Code, for a rehearing of an adverse decision by a traffic referee of the juvenile court. We affirm the order.

We consider, first, a procedural issue. Appellant's motion for a rehearing was not made until 13 days after the referee's order. Section 800 of the Welfare and Institutions Code provides in pertinent part as follows: "A judgment or decree of a juvenile court or final order of a referee which becomes effective without approval of a judge of the [224] juvenile court assuming jurisdiction and declaring any person to be a person described in Section 600, 601, or 602, or on denying a motion made pursuant to Section 567, may be appealed from in the same manner as any final judgment, and any subsequent order may be appealed from as from an order after judgment."

Section 567 of that code provides: "Upon motion of the minor or his parent or guardian for good cause, or upon his own motion, a judge of the juvenile court may set aside or modify any order of a traffic hearing officer, or may order or himself conduct a rehearing. If the minor or parent or guardian has made a motion that the judge set aside or modify the order or has applied for a rehearing, and the judge has not set aside or modified the order or ordered or conducted a rehearing within 10 days after the date of the order, the motion or application shall be deemed denied as of the expiration of such period."

In Re FE

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