Opinion
NOT TO BE PUBLISHED
Ventura County Superior Court No. 2008028000, Michael J. Covarrubias, Judge
Duane A. Dammeyer, Public Defender, Michael C. McMahon, Chief Deputy Public Defender, for Defendant and Appellant.
Gregory D. Totten, District Attorney, Michael D. Schwartz, Special Assistant District Attorney, for Plaintiff and Respondent.
COFFEE, J.
N.A. appeals from an order setting aside an earlier order that imposed a monetary discovery sanction against respondent. Appellant contends that the juvenile court had no jurisdiction to set aside its order after the time for appeal had expired. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
The Ventura County District Attorney filed a petition in which it alleged that N.A. comes within the provisions of Welfare and Institutions Code section 602 because he committed misdemeanor battery on school property. (Pen. Code, § 243.2, subd. (a)(1).) Appellant requested discovery of recorded witness statements. Five months later no statements had been produced. The trial court granted appellant's motion to compel production and imposed a monetary sanction for the delay. The order required the deputy district attorney who was assigned to the case to pay a monetary sanction of $150 to the public defender's office.
The district attorney's office moved for reconsideration of the sanction order 49 days later. The trial court granted the motion and set the order aside, 77 days after it was entered.
DISCUSSION
Appellant contends that the juvenile court lost jurisdiction to reconsider its sanction order when the time to file a notice of appeal expired, 60 days after entry of the order. (Cal. Rules of Court, rule 5.585(f).) We disagree. The juvenile court may modify or set aside its orders at any time.
In juvenile delinquency proceedings, "[a]ny order made by the court in the case of any person subject to its jurisdiction may at any time be changed, modified, or set aside, as the judge deems meet and proper, subject to such procedural requirements as are imposed by this article." (Pen. Code, § 775.) The article sets no time limits. This order was made "in the case" of the juvenile. The corresponding rule of court provides that such changes may be made at any time: "Subject to the procedural requirements prescribed by this chapter, an order made by the court may at any time be changed, modified, or set aside." (Cal. Rules of Court, rule 5.560.)
The sanction order was defective because the court only had power to order payment to the county and the court did not issue a written order reciting the facts that justified the sanction. (Code Civ. Proc., § 177.5) Section 177.5 applies in criminal proceedings. (People v. Tabb (1991) 228 Cal.App.3d 1300, 1303.) Criminal discovery and delinquency discovery rules are not identical. (Compare Pen. Code § 1054.5 and Cal. Rules of Court, rule 5.546; In re Thomas F. (2003) 113 Cal.App.4th 1249, 1255), but the delinquency court does have the same power and discretion to order discovery as does a criminal court. (Joe Z. (1970) 3 Cal.3d 797, 801-802.)
Appellant contends that the juvenile court is without jurisdiction to reconsider its orders after the deadline for filing a notice of appeal or petition for extraordinary relief. No authority supports the contention. It is within the province of the juvenile court to correct its orders any time before the minor attains majority. (In re Stein (1927) 86 Cal.App. 226, 230.)
DISPOSITION
We concur: GILBERT, P.J.,YEGAN, J., Michael J.