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Name: In re Charles G.
Case #: C041288
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/05/2004
Subsequent History: Rev. den. 4/21/04
Summary

Appellant was still a ward of the juvenile court at age 20 based upon delinquent conduct, when he violated probation. Probation was reinstated on the condition that appellant serve a period of confinement. In this appeal, appellant contended that the juvenile court lacked authority to detain him in an adult facility pending the violation hearing, and that after finding him in violation, it lacked the authority to sentence him to an adult facility. The appellate court found the issue moot and dismissed the appeal, as appellant had already served his term. However, the court reached the merits of the case because the issue was one of continuing public concern and likely to recur. The court held that when a ward of the juvenile court is 19 years or older, the law allows the ward to be detained or confined in an adult detention facility for a violation of probation. The ward cannot be directly detained or confined in an adult facility, but may be detained or confined in a juvenile facility, and then delivered to an adult facility at the recommendation of the probation officer. (The court specifically disagreed with the contrary opinion by the Sixth District in In re Kenny A.)