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In re Rueben P.

California Court of Appeals, First District, Fourth Division
May 14, 2008
No. A120031 (Cal. Ct. App. May. 14, 2008)

Opinion


In re RUEBEN P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. RUEBEN P., Defendant and Appellant. A120031 California Court of Appeal, First District, Fourth Division May 14, 2008

NOT TO BE PUBLISHED

Solano County Super. Ct. No. J36340

Sepulveda, J.

The minor appeals from a dispositional order of the juvenile court, which gave the probation officer the authority to place the minor in Juvenile Hall for up to three weekends, alleging that the order was an improper delegation of judicial authority and denied him due process.

Such a dispositional order is commonly referred to as “Ricardo M. time.” (In re Ricardo M. (1975) 52 Cal.App.3d 744.)

Respondent requested that this court take judicial notice of a subsequent order of the juvenile court, dated February 1, 2008, which “[s]uccessfully” terminated the court’s jurisdiction, and argued that the appeal was now moot and requested that it be dismissed. Counsel for the minor acknowledged that request in a letter dated April 15, 2008, and agreed that the issues raised in the minor’s opening brief were now moot.

Counsel noted that this court retains the discretion to decide the issue, if it deems it appropriate, citing People v. Cheek (2001) 25 Cal.4th 894, 897-898.

We agree that the issues raised in the minor’s appeal are moot due to the juvenile court’s termination of jurisdiction and note that the juvenile court no longer has authority to correct any alleged error (and the probation officer has no authority to implement the previous order appealed from). We decline to exercise our discretion to proceed with the appeal under these circumstances. The appeal is therefore ordered dismissed as moot.

We concur: Reardon, Acting P.J., Rivera, J.


Summaries of

In re Rueben P.

California Court of Appeals, First District, Fourth Division
May 14, 2008
No. A120031 (Cal. Ct. App. May. 14, 2008)
Case details for

In re Rueben P.

Case Details

Full title:In re RUEBEN P., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:California Court of Appeals, First District, Fourth Division

Date published: May 14, 2008

Citations

No. A120031 (Cal. Ct. App. May. 14, 2008)