People v. D.P. (In re D.P.)

RAMIREZ P.J.

*158Welfare and Institutions Code 1 section 653.5, subdivision (d) provides: "In all matters where the minor is not in custody and is already a ward of the court or a probationer under Section 602, the prosecuting attorney, within five judicial days of receipt of the affidavit from the probation officer, shall institute proceedings in accordance with his or her role as public prosecutor pursuant to subdivision (b) of Section 650 of this code and *898Section 26500 of the Government Code, unless it appears to the prosecuting attorney that the affidavit was not properly referred or that the…