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Name: In re D.P.
Case #: E068174
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/09/2018

Welfare and Institutions Code section 653.5, subdivision (d) time limit for prosecutor to initiate proceedings against ward of the juvenile court is directory rather than mandatory. D.P. was a ward of the court and a probationer. He was not in custody. The prosecutor filed a subsequent Welfare and Institutions Code section 602 petition against him 39 judicial days after receiving an affidavit from the probation officer regarding a new alleged offense and requesting the filing of a subsequent petition. The trial court dismissed the petition as untimely (Welf. & Inst. Code, § 653.5, subd. (d)). The prosecution appealed. Held: Reversed.…

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