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Name: In re K.S.
Case #: D040018
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/15/2003
Subsequent History: None

The appellant minor, who was found to have violated a local curfew ordinance, filed a notice of appeal contending that the ordinance was unconstitutionally overbroad and vague. The appellate court requested supplemental briefing addressing the question of whether Welfare and Institutions Code section 800 provided the right to appeal to the appellate court. Here, the court concluded that the matter was not appealable and that the appeal had to be dismissed. The minor did not show that the proceeding before the juvenile hearing officer was conducted under sections 252 through 254 or section 601/602, which would give him the right to appeal to this court. Therefore there was no authority for the appeal, and the minor’s remedy was to request a rehearing before a juvenile court judge under section 262.