Legal Opinion

People v. Rottanak K.

California Court of Appeal

Decided July 31, 1995No. F021807PublishedCited by 10 opinions

1Opinion of the Court

Opinion

DIBIASO, Acting P. J.

We hold that the People have a right to appeal an order by the juvenile court sustaining, without leave to amend, a demurrer to an enhancement allegation pled in a petition brought pursuant to Welfare and Institutions Code section 602. We further hold that Penal Code section 12022.1 applies to a minor who has been released from custody, pending a jurisdictional hearing, under a “general release.’’

Procedural History

On February 28, 1994, a subsequent ward petition was filed in Stanislaus County Superior (Juvenile) Court, alleging that Rottanak K., bom September 4,…

2Cases cited25 opinions

  1. People v. GreenCalifornia Supreme Court · 1980
  2. People v. OverstreetCalifornia Supreme Court · 1986
  3. People v. OrinCalifornia Supreme Court · 1975
  4. People v. BurkeCalifornia Supreme Court · 1956
  5. Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of DirectorsCalifornia Supreme Court · 1993

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3Cited by10 opinions

  1. People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996
  2. People v. OrmistonCalifornia Court of Appeal · 2003
  3. RICKI J. v. Superior CourtCalifornia Court of Appeal · 2005
  4. Erris Edgerly v. City and County of San FrancisCourt of Appeals for the Ninth Circuit · 2013
  5. People ex rel. Lungren v. Superior CourtCalifornia Supreme Court · 1996

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