People v. Pacheco

This is an appeal from an order committing respondent, Timothy Pacheco, a minor, to the Department of Corrections. Respondent raises two issues on appeal: (1) Whether the court erred in denying motions to dismiss a supplemental petition alleging an offense which was represented to be a violation of a condition of his probation; and (2) whether the court was without authority to commit him. We reverse.

On June 13, 1975, a petition for adjudication of wardship was filed charging respondent with theft and trespass. At a hearing on August 12, 1975, respondent was found to be a delinquent minor and…