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In Re C.H., A Person Coming Under the Juvenile Court Law. v. C.H

August 9, 2012

IN RE C.H., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
C.H., DEFENDANT AND APPELLANT.



(Super. Ct. No. 52006410)

The opinion of the court was delivered by: Mauro , J.

In re C.H.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appellant C.H. appeals from the juvenile court's judgment and dispositional order adjudging him a ward and ordering him home on probation. (Welf. & Inst. Code, §§ 602, 800.) He contends the juvenile court erred by (1) failing to hold a Marsden*fn1 hearing when appellant's mother inquired about obtaining new counsel, and (2) including a maximum period of confinement on the dispositional order.

We conclude (1) the juvenile court's obligation to hold a Marsden hearing was not triggered because there was no clear indication that appellant desired a substitution of trial counsel on the ground of counsel's alleged deficiencies; and (2) we agree with appellant and the Attorney General that the maximum period of confinement should be stricken from the dispositional order.

We will strike the maximum period of confinement from the dispositional order and otherwise affirm.

Recitation of the underlying facts regarding appellant's offense is unnecessary in light of his contentions on appeal. The facts relevant to his contentions are recited in the discussion.

DISCUSSION

I

Appellant contends the juvenile court was obligated to conduct a Marsden hearing based on comments made by his mother during a court appearance held prior to the disposition hearing. We disagree.

A

The following discussion took place on ...


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