People v. Steven S.

Opinion

KREMER, P. J.

Steven S. appeals an order extending his commitment to the California Youth Authority for an additional two years on the basis he had a mental deficiency that would make him dangerous to the public if released. (Welf. & Inst. Code, § 1800.

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) He contends the order must be reversed because the initial hearing on the section 1800 petition was heard by a referee over his objection. We affirm.

Factual and Procedural Background

In 1991, the juvenile court declared 14-year-old Steven a ward (§ 602) after finding Steven had committed a lewd and lascivious act on a 6-year-old girl (Pen. Code, § 288, subd. (a)). His maximum period of confinement terminated in 1996 but was extended pursuant to a section 1800 finding after a jury trial that Steven had a mental deficiency which would make him dangerous to the public if released. In March 1998, the People again moved to extend Steven’s commitment. The case was eventually assigned to Referee Richard Neely. Steven refused to stipulate to having Referee Neely hear

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the matter. The referee determined a stipulation was not necessary because double jeopardy did not attach to this proceeding, heard the matter and extended Steven’s commitment for two years.

Steven filed a petition for a jury trial pursuant to section 1801.5. The jury found that Steven, “because of a mental or physical deficiency, disorder or abnormality, which is amenable to treatment, is physically dangerous to the public.” Judge Norbert Ehrenfreund thereafter on September 4, 1998, signed the order extending Steven’s commitment for two years.

Discussion

Section 248, in pertinent part, provides: “A referee shall hear such cases as are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that

a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing