What is the effect of a failure to issue the maximum penalty at a jurisdictional hearing?

California, United States of America


The following excerpt is from Ian J., In re, 22 Cal.App.4th 833, 27 Cal.Rptr.2d 728 (Cal. App. 1994):

Even if we engage in such speculation, however, the underlying error would not be reversible. The advisement of the maximum penalty at a jurisdictional hearing is not constitutionally required. (People v. Walker (1992) 54 Cal.3d 1013, 1022, 1 Cal.Rptr.2d 902, 819 P.2d 861.) In People v. Walker, supra, at page 1023, 1 Cal.Rptr.2d 902, 819 P.2d 861, the court held that the failure to raise this error at the time of sentencing, or in this case at the dispositional hearing, waives the issue on appeal. We do have before us a reporter's transcript of the dispositional hearing, and no issues at all are raised at that hearing concerning the jurisdictional hearing.

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