California Court of Appeals, Second District, First Division
In re ELIJAH C., a Person Coming Under the Juvenile Court Law.
ELIJAH C., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,
from an order of the Superior Court of Los Angeles County.
No. VJ43366, Fumiko Hachiya Wasserman, Judge.
R. Sorkin, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Lance E. Winters, Assistant
Attorney General, Margaret E. Maxwell, and William H. Shin,
Deputy Attorneys General, for Plaintiff and Respondent.
MODIFYING THE OPINION AND DENYING PETITION FOR
ordered that the opinion filed in the above-entitled matter
on June 30, 2016, be modified in the following manner:
8, line 3, the following sentence is deleted: Although Elijah
did not yet have the right to counsel under the Sixth
Amendment because no petition had yet been filed, he faced
what was in effect a critical stage of the prosecution.
modification does not constitute a change in the judgment.
petition for rehearing is denied.
case, we consider whether a minor’s purported waiver of
the statute of limitations for an offense is valid, when that
waiver was made without consultation with counsel and before
a petition against the minor was filed. We conclude that the
answer is no.
Elijah C. signed a document waiving the one-year statute of
limitations for petty theft as a condition of entering a
diversion program for first-time offenders. More than a year
later, the district attorney’s office found that Elijah
had not complied with all the requirements of the program,
terminated his involvement in it, and filed a petition
alleging he committed petty theft. The juvenile court
overruled Elijah’s demurrer, sustained the petition,
and adjudged him a ward of the court. We reverse.
AND PROCEEDINGS BELOW
March 7, 2012, Elijah, who was then 14 years old, visited a
friend’s house. Valerie Hernandez, the friend’s
mother, saw Elijah playing with Hernandez’s iPod Touch.
After Elijah left, Hernandez noticed that the iPod was
missing. When police officers confronted ...