Modification: In re Jason V.

In re JASON V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

JASON V.,

Defendant and Appellant.

No. A163366

(Contra Costa County

Super. Ct. No. J17-00992)

California Court of Appeal

First Appellate District

Division Two

Filed August 23, 2022

ORDER MODIFYING OPINION

AND DENYING REHEARING

NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed herein on July 28, 2022, be modified as follows:

1. On page 12, delete last sentence of first full paragraph, beginning with "It is Jason who is attempting to use . . . ," and replace it with the following sentence:

Failing to give effect to the nunc pro tunc order would result in a fortuitously timed, inadvertent error on a non-discretionary point requiring the court to order a disposition it specifically chose not

to order when it exercised its discretion to commit Jason to DJJ.

Footnote 12 at the end of the sentence remains the same.

2. On page 14, delete the following portion of the last two sentences of the first full paragraph:

---which Jason calls a "dispositional hearing" because he views the nunc pro tunc order as invalid, but the juvenile court and Attorney General view as a section 737 review hearing. Jason

further contends he is entitled

Replace the deleted portion with the word "and." The sentence should read:

He contends he is entitled to these additional credits for days in custody prior to the July 12 hearing and to credit for the time he spent in juvenile hall following July 12 until he was transferred

to DJJ on November 23, 2021.

This modification does not effect a change in the judgment.

Appellant's petition for rehearing is denied.

Dated: ________________ _________________________

Stewart, Acting P.J.

Trial Court: Contra Costa County Superior Court

Trial Judge: Hon. John W. Kennedy

Attorney for Appellant:

By Appointment of the Court of Appeal

First District Appellate Project

Amanda K. Roze

Attorneys for Respondent:

Rob Bonta

Attorney General of California

Lance E. Winters

Chief Assistant Attorney General

Jeffrey M. Laurence

Senior Assistant Attorney General

René A. Chacón

Supervising Deputy Attorney General

Viktoriya Chebotarev

Deputy Attorney General

Nanette Winaker

Deputy Attorney General