Fear Not Law Articles: In re Rueben P.

In re Rueben P.

Filed 5/14/08 In re Rueben P. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re RUEBEN P., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

RUEBEN P.,

Defendant and Appellant.

A120031

(Solano County

Super. Ct. No. J36340)

The minor appeals from a dispositional order of the juvenile court, which gave the probation officer the authority to place the minor in Juvenile Hall for up to three weekends, alleging that the order was an improper delegation of judicial authority and denied him due process.^{^[1]}

Respondent requested that this court take judicial notice of a subsequent order of the juvenile court, dated February 1, 2008, which [s]uccessfully terminated the courts jurisdiction, and argued that the appeal was now moot and requested that it be dismissed. Counsel for the minor acknowledged that request in a letter dated April 15, 2008, and agreed that the issues raised in the minors opening brief were now moot.^{^[2]}

We agree that the issues raised in the minors appeal are moot due to the juvenile courts termination of jurisdiction and note that the juvenile court no longer has authority to correct any alleged error (and the probation officer has no authority to implement the previous order appealed from). We decline to exercise our discretion to proceed with the appeal under these circumstances. The appeal is therefore ordered dismissed as moot.

_________________________

Sepulveda, J.

We concur:

_________________________

Reardon, Acting P.J.

_________________________

Rivera, J.

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^{^[1]}Such a dispositional order is commonly referred to as Ricardo M. time. (In re Ricardo M. (1975) 52 Cal.App.3d 744.)

^{^[2]}Counsel noted that this court retains the discretion to decide the issue, if it deems it appropriate, citing People v. Cheek (2001) 25 Cal.4th 894, 897-898.

Description	The minor appeals from a dispositional order of the juvenile court, which gave the probation officer the authority to place the minor in Juvenile Hall for up to three weekends, alleging that the order was an improper delegation of judicial authority and denied him due process.[1] Respondent requested that this court take judicial notice of a subsequent order of the juvenile court, dated February 1, 2008, which [s]uccessfully terminated the courts jurisdiction, and argued that the appeal was now moot and requested that it be dismissed. Counsel for the minor acknowledged that request in a letter dated April 15, 2008, and agreed that the issues raised in the minors opening brief were now moot. The appeal is therefore ordered dismissed as moot.
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