Delinquency Case Law

In re Brandon H. (June 28, 2002) 99 Cal.App.4th 1153 [121 Cal.Rptr.2d 530]. Court of Appeal, First District, Division 3.

The juvenile court found a youth guilty of a felony burglary. The youth had admitted the burglary in San Mateo County Juvenile Court. The case was transferred to San Francisco County, where the youth resided, and that court refused to consider the youth's motion to withdraw his plea. The San Francisco court transferred the case back to San Mateo for a ruling, but the case was transferred back to San Francisco without a ruling on the matter. The San Francisco court again refused to consider the motion because it believed that it lacked jurisdiction. The youth contended that the San Francisco Juvenile Court erred in refusing to consider his motion.

The Court of Appeal held that the San Francisco court erred in refusing to consider the motion. Unlike adult criminal defendants, juvenile cases may be transferred, under Welfare and Institutions Code section 750, to the county where the youth or his custodian resides, provided appropriate conditions are met under that section and rule 1425 of the California Rules of Court. Once a case is properly transferred, the new court has jurisdiction over the case for all purposes. Therefore, the San Francisco Juvenile Court erred both in refusing to consider the motion and in transferring the case back to San Mateo County.