People v. Kenneth T.

[144]Opinion

ASHBY, J. In a petition filed pursuant to Welfare and Institutions Code section 602 it was alleged in two paragraphs that appellant twice committed robbery in violation of Penal Code section 211. As to each paragraph it was also alleged that appellant was armed with a deadly weapon and used a firearm within the meaning of Penal Code sections 12022 and 12022.5. Appellant admitted the allegations of paragraph I, including the use allegation. Paragraph II was dismissed.

On October 13, 1977, a referee ordered appellant taken from the care and custody of his parents and placed in the Camp Community Placement Program. However, the referee stayed the execution of this order until June 30, 1978, apparently to permit appellant to complete high school prior to placement.

On October 17, 1977, a judge of the juvenile court, on his own motion, granted a rehearing of the dispositional order because “. . . A Stayed Camp Community Placement Order Violates Court Policy and the Seriousness of the Charges Warrant Further Consideration of Disposition.” After rehearing the matter on November 8, 1977, the judge ordered appellant taken from the custody of his parents and placed in the Camp Community Placement Program (without a stay of execution).

Appellant contends the juvenile court judge erred in granting a rehearing of the dispositional order on his own motion. This contention lacks merit. Appellant first argues that the referee had the power to stay execution of the order under Welfare and Institutions Code section 737. However, the power of the referee to do so was not at issue. The wisdom of staying a Camp Community Placement order for such a substantial period of time, particularly in view of the seriousness of the crimes, was properly subject to redetermination by a judge.

Appellant next contends that the procedures of Welfare and Institutions Code section 777 should have been followed. This argument also lacks merit. Welfare and Institutions Code section 253 clearly authorized the judge to proceed by way of rehearing. It provides: “A judge of the juvenile court may, on his own motion made within 20 judicial days of the hearing before a referee, order a rehearing of any matter made before a referee.” Section 777 is inapplicable.

[145]