People v. Julio N.

Opinion

STEIN, J.

The district attorney filed a petition in the Contra Costa Superior Court alleging that 14-year-old Julio N. had stolen a vehicle (Veh. Code, § 10851, subd. (a)), had committed felonious hit-and-run driving resulting in injury and had failed to fulfill his duty to stop, identify himself and render aid (Veh. Code, §§ 20001, subd. (b)(1), 20003, 20004), and had evaded a police officer while driving in willful disregard of others (Veh. Code, § 2800.2). Julio submitted the matter on the police reports to a juvenile court referee. The referee dismissed the charges relating to hit-and-run driving, found true the other charges and committed Julio to a county facility for a maximum period of confinement of four years and eight months.

Julio appeals, contending (1) that the order of commitment is void because the referee lacked jurisdiction over him, and (2) that the sentence imposed is illegal. We will reject his first contention but, finding the second to have merit, will amend the order of commitment.

Discussion

I.

Julio Waived Any Right to Challenge the Jurisdiction of the Juvenile Court Referee

The relevant proceedings were presided over by juvenile court referees. Neither Julio nor his attorney, however, entered into any written or oral stipulation that a referee had jurisdiction to hear the matter. Julio argues that absent such a stipulation the referees lacked jurisdiction over the cause and that the relevant orders, therefore, are void. Two recent California Supreme Court cases, however, mandate otherwise.

The adult defendant in

In re Horton

(1991) 54 Cal.3d 82 [284 Cal.Rptr. 305, 813 P.2d 1335], like Julio here, did not enter into a written or oral stipulation that a temporary judge could hear the case. Nor did counsel enter into any oral or written stipulation. The defendant argued, among other

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things, that his personal consent to the temporary judge was required, and that jurisdiction could not be conferred in any event absent a written or oral agreement by the defendant or at least by his attorney. The Supreme Court recognized that the jurisdiction of a temporary judge to try a cause derives from the parties’ stipulation