Does a finding of 707 need to be made prior to the conclusion of the second stage of a hearing?

We are aware of the language in People v. Brown (1970) 13 Cal.App.3d 876, 91 Cal.Rptr. 904, which seems to hold that the 707 finding must be made during a 701 hearing and prior to the conclusion of that stage. But that language is dicta; the 707 finding had been made during the 701 hearing; no objection was made to the consideration at that point of the evidence leading to the 707 decision. Under these circumstances, decision as to the point herein involved was not necessary for the decision of the case and, for the reasons above set forth, we are not inclined to follow it.

Page 189

[17 Cal.App.3d 709]