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Name: In re Maurice E.
Case #: A108654
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/31/2005
Summary

The minor, who was charged with robbery, was taken into custody and ordered detained for not more than 15 days, pursuant to Welfare and Institutions Code section 657. The jurisdictional hearing began within the 15 days, but several witnesses, including two police officers, became unavailable, and the juvenile court found good cause to continue the hearing twice. The detention subsequently lasted longer than 15 days before the court found the petition true and committed the minor to a county facility. On appeal, the minor argued that the court improperly continued his hearing beyond the statutory limit. The appellate court affirmed, holding that the determination of good cause for a continuance is within the discretion of the court. Here, since the missing police officer’s testimony was important to the case, the court did not abuse its discretion when it found good cause to continue the hearing. Further, the minor’s failure to move to dismiss the petition below waived the issue on appeal.