California Welfare and Institutions Code 800 – (a) A judgment in a proceeding under Section 601 or 602 may be …
(a) A judgment in a proceeding under Section 601 or 602 may be appealed from, by the minor, in the same manner as any final judgment, and any subsequent order may be appealed from, by the minor, as from an order after judgment. Pending appeal of the order or judgment, the granting or refusal to order release shall rest in the discretion of the juvenile court. The appeal shall have precedence over all other cases in the court to which the appeal is taken.
A ruling on a motion to suppress pursuant to Section 700.1 shall be reviewed on appeal even if the judgment is predicated upon an admission of the allegations of the petition.
Terms Used In California Welfare and Institutions Code 800
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- County: includes "city and county. See California Welfare and Institutions Code 14
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A judgment or subsequent order entered by a referee shall become appealable whenever proceedings pursuant to Section 252, 253, or 254 have become completed or, if proceedings pursuant to Section 252, 253, or 254 are not initiated, when the time for initiating the proceedings has expired.
(b) An appeal may be taken by the people from any of the following:
(1) A ruling on a motion to suppress pursuant to Section 700.1 even if the judgment is a dismissal of the petition or any count or counts of the petition. However, no appeal by the people shall lie as to any count which, if the people are successful, will be the basis for further proceedings subjecting any person to double jeopardy.
(2) An order made after judgment entered pursuant to Section 777 or 785.
(3) An order modifying the jurisdictional finding by reducing the degree of the offense or modifying the offense to a lesser offense.
(4) An order or judgment dismissing or otherwise terminating the action before the minor has been placed in jeopardy, or where the minor has waived jeopardy. If, pursuant to this paragraph, the people prosecute an appeal of the decision or any review of that decision, it shall be binding upon the people and they shall be prohibited from refiling the case which was appealed.
(5) The imposition of an unlawful order at a dispositional hearing, whether or not the court suspends the execution of the disposition.
(c) Nothing contained in this section shall be construed to authorize an appeal from an order granting probation. Instead, the people may seek appellate review of any grant of probation, whether or not the court imposes disposition, by means of a petition for a writ of mandate or prohibition which is filed within 60 days after probation is granted. The review of any grant of probation shall include review of any order underlying the grant of probation.
(d) An appellant unable to afford counsel, shall be provided a free copy of the transcript in any appeal.
(e) The record shall be prepared and transmitted immediately after filing of the notice of appeal, without advance payment of fees. If the appellant is able to afford counsel, the county may seek reimbursement for the cost of the transcripts under subdivision (c) of § 68511.3 of the Government Code as though the appellant had been granted permission to proceed in forma pauperis.
(f) All appeals shall be initiated by the filing of notice of appeal in conformity with the requirements of § 1240.1 of the Penal Code.
(Amended by Stats. 1994, Ch. 448, Sec. 7. Effective January 1, 1995.)