Opinion
D070893
02-16-2017
In re K. D., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. K. D., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. J233285) APPEAL from an order of the Superior Court of San Diego County, Melinda J Lasater, Judge. Appeal dismissed.
On June 24, 2016, the People filed a petition against the minor, K.D., alleging he came within the provisions of Welfare and Institutions Code section 602 because he violated Penal Code sections 211 (Count 1) and 242 (Count 2.) The court entered an order on July 13, 2016, sustaining the petition as to count 1, dismissing count 2, and setting a disposition hearing. However, the case was transferred to Riverside County (the county in which K.D. legally resides) before the dispositional hearing.
K.D. filed a notice of appeal purporting to appeal from the July 13, 2016, order. The courts have recognized the jurisdictional order is not an appealable order. (In re James J. (1986) 187 Cal.App.3d 1339, 1342.) K.D's appellate counsel, in a brief filed pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, raises no argument to the contrary. We granted K.D. permission to file a supplemental brief on his own behalf, but he has not responded.
Because we lack jurisdiction to consider an appeal from a nonappealable order, but must instead must dismiss such an appeal on our own motion (see, e.g., Woodman v. Ackerman (1967) 249 Cal.App.2d 644, 646), we shall order the appeal dismissed. (In re James, supra, at pp. 1342-1343.)
DISPOSITION
The appeal is dismissed.
HALLER, Acting P. J. WE CONCUR:
AARON, J.
IRION, J.