SECTIONS 800 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 800

800. (a) A judgment in a proceeding under Section 601 or 602 may be
appealed from, by the minor, in the same manner as any final
judgment, and any subsequent order may be appealed from, by the
minor, as from an order after judgment. Pending appeal of the order
or judgment, the granting or refusal to order release shall rest in
the discretion of the juvenile court. The appeal shall have
precedence over all other cases in the court to which the appeal is
taken.
A ruling on a motion to suppress pursuant to Section 700.1 shall
be reviewed on appeal even if the judgment is predicated upon an
admission of the allegations of the petition.
A judgment or subsequent order entered by a referee shall become
appealable whenever proceedings pursuant to Section 252, 253, or 254
have become completed or, if proceedings pursuant to Section 252,
253, or 254 are not initiated, when the time for initiating the
proceedings has expired.
(b) An appeal may be taken by the people from any of the
following:
(1) A ruling on a motion to suppress pursuant to Section 700.1
even if the judgment is a dismissal of the petition or any count or
counts of the petition. However, no appeal by the people shall lie as
to any count which, if the people are successful, will be the basis
for further proceedings subjecting any person to double jeopardy.
(2) An order made after judgment entered pursuant to Section 777
or 785.
(3) An order modifying the jurisdictional finding by reducing the
degree of the offense or modifying the offense to a lesser offense.
(4) An order or judgment dismissing or otherwise terminating the
action before the minor has been placed in jeopardy, or where the
minor has waived jeopardy. If, pursuant to this paragraph, the people
prosecute an appeal of the decision or any review of that decision,
it shall be binding upon the people and they shall be prohibited from
refiling the case which was appealed.
(5) The imposition of an unlawful order at a dispositional
hearing, whether or not the court suspends the execution of the
disposition.
(c) Nothing contained in this section shall be construed to
authorize an appeal from an order granting probation. Instead, the
people may seek appellate review of any grant of probation, whether
or not the court imposes disposition, by means of a petition for a
writ of mandate or prohibition which is filed within 60 days after
probation is granted. The review of any grant of probation shall
include review of any order underlying the grant of probation.
(d) An appellant unable to afford counsel, shall be provided a
free copy of the transcript in any appeal.
(e) The record shall be prepared and transmitted immediately after
filing of the notice of appeal, without advance payment of fees. If
the appellant is able to afford counsel, the county may seek
reimbursement for the cost of the transcripts under subdivision (c)
of Section 68511.3 of the Government Code as though the appellant had
been granted permission to proceed in forma pauperis.
(f) All appeals shall be initiated by the filing of notice of
appeal in conformity with the requirements of Section 1240.1 of the
Penal Code.