In re E.S. 3/10/09 CA1/2

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A118547

Case Date: 04/24/2009

Preview:Filed 3/10/09

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO

In re E.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. E. S., Defendant and Appellant. A118547 (Humboldt County Super. Ct. No. JV060084)

E.S. appeals from the judgment of the juvenile court sustaining a petition alleging that he comes within the provisions of section 602 of the Welfare and Institutions Code. His court-appointed counsel initially filed a brief raising no legal issues and asking this court to conduct an independent investigation of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 [158 Cal.Rptr. 839, 600 P.2d 1071]. After conducting that review, we issued an order requesting supplemental briefing on the issue whether the Humboldt County Superior Court erred in denying appellants motion for a new jurisdictional hearing. Concluding it was error to deny the motion for a new jurisdictional hearing, we shall reverse and remand for such a hearing. FACTS AND PROCEEDINGS BELOW On October 4, 2006, the District Attorney of Mendocino County filed a threecount petition pursuant to Welfare and Institutions Code section 602 alleging that two days earlier appellant attempted to commit a lewd and lascivious act with a child under

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the age of 14 (Pen. Code,

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