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Name: In re Ramon M.
Case #: G040765
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/22/2009
Summary

A minor was improperly held in and committed to county jail based on a juvenile adjudication. In 2005, the then 16-year-old minor Ramon M. became a ward of the court and was released on probation after conviction of crimes related to gang activity. He was in and out of custody for subsequent gang offenses, and turned 18 in October, 2007. In June, 2008, a petition was filed alleging probation violations. Ramon was detained in the county jail pending disposition by the juvenile court, and was subsequently committed to the county jail for 365 days. On appeal, Ramon argued that the court should have detained him in juvenile hall, and should have ordered him to serve the commitment in a juvenile facility rather than county jail. The appellate court agreed. Ramon was improperly taken to the county jail to await disposition because there was no order pursuant to Welfare and Institutions Code section 737 or 208.5. The court could not commit him directly to county jail for disposition as this was clearly in violation of the applicable statutes as interpreted by In re Jose H. (2000) 77 Cal.App.4th 1090, In re Kenny A. (2000) 79 Cal.App.4th 1, and In re Charles G. (2004) 115 Cal.App.4th 608. However, since Ramon had completed his county jail term, the issue was moot and the court dismissed this part of the appeal.