Kirkpatrick v. Dana J.

AISO, J.

I now withdraw my dissenting opinion heretofore filed on June 28, 1972, and concur in the court’s judgment denying the People’s motion to dismiss the appeal and reversing the judgment of the juvenile court. Subsequent to the filing of my dissent, the following have been brought to my attention: (1) California Constitution, article IV, section 9, and (2) Statutes of 1972, chapter 84, passed as an urgency statute. The constitutional provision throws doubt on the validity of amending Welfare and Institutions Code section 781 by Statutes of 1971, chapter 1748, section 1. Statutes of 1972, chapter 84, amends Welfare and Institutions Code section 602 to provide that the age at the time of the offense is the determinative factor as to whether a person may be adjudged a ward of the juvenile court. In light of these educative developments, I now concur in the disposition which the majority makes of this cause; it dispenses with further litigation and avoids questions of constitutionality.