David B. v. Superior Court

Opinion

DALSIMER, J. This case presents the question as to whether a juvenile court is required to dismiss fitness proceedings when a minor is detained for more than 13 judicial days after the order of detention.

Petitioner seeks a peremptory writ of mandate or prohibition compelling the Los Angeles Superior Court to cease further criminal proceedings against him and to vacate its order finding him not to be a fit and proper subject to be dealt with under the Juvenile Court Law. He contends that in view of his right to a copy of the probation report at least 24 hours before a fitness hearing is held (Cal. Rules of Court, rule 1347(c)), his request for a 24-hour continuance so that he could review the probation report did not constitute a waiver of the time provisions of California Rules of Court, rule 1346(a). California [625]Rules of Court, rule 1346(a), provides, “If a minor (1) is alleged to be a person described in section 602 by reason of the violation of any criminal law; and (2) was, at the time of the alleged violation, 16 years of age or older, the prosecuting attorney may, prior to the attachment of jeopardy, request a hearing to determine whether the minor is a fit and proper subject to be dealt with under the juvenile court law. If the minor is detained in custody, the fitness hearing shall commence within 13 judicial days from the date of the order directing detention. If the minor is not detained in custody, the fitness hearing shall commence within 25 calendar days from the date of filing of the petition.”

Petitioner was arrested on suspicion of murder on December 8, 1982. On December 10, 1982, a petition under Welfare and Institutions Code section 602 was filed in the Los Angeles County Superior Court, sitting as a juvenile court, alleging that petitioner had committed murder. (All statutory references are to the Welfare and Institutions Code.) Concurrently with the filing of the petition under section 602, a motion was also filed under section 7071 to have petitioner found unfit to be dealt with under the Juvenile Court Law. Petitioner was ordered detained on December 13, 1982. The fitness hearing was scheduled for December 30, 1982.

Pursuant to California Rules of Court, rule 1347,2 a probation report on petitioner’s behavioral patterns and social history was prepared. Although the [626]