No. 1835 Philadelphia, 1980, Appeal from the Order of the Court of Common Pleas of Berks County, Juvenile Division, at No. 160-J of 1980
Charles B. Coleman, Assistant Public Defender, Reading, for appellant.
George C. Yatron, District Attorney, Reading, for appellee.
Cercone, President Judge, and Wickersham and Brosky, JJ. Cercone, President Judge, and Wickersham, J., concur in the result.
[ 291 Pa. Super. Page 645]
On June 30, 1980, a petition captioned "Juvenile Petition" was filed in the Court of Common Pleas of Berks County, Pennsylvania, alleging that Joseph James Leonardo, a minor, committed the following "delinquent acts": unauthorized use of a motor vehicle,*fn1 a misdemeanor of the second
[ 291 Pa. Super. Page 646]
degree; driving without a license,*fn2 a summary offense; and driving on the wrong side of the road,*fn3 a summary offense. The matter came before the Juvenile Court of Berks County in a hearing held July 8, 1980. At the hearing, appellant admitted the charges of unauthorized use, but objected to the juvenile court's jurisdiction to adjudicate the summary charges. We agree with the appellant and therefore reverse. On this point, the following exchange took place.
THE COURT: Now, there has been an admission made, Mr. Baro [District Attorney] as to the unauthorized use charges. Do you wish to proceed with the evidence regarding the summary violations?
MR. BARO: Yes, Your Honor.
THE COURT: I also point out, Mr. Coleman [Public Defender] that since we are now sitting as a Court of Common Pleas and the juvenile matter has been resolved without an issue, the court is open and if you wish to have the public admitted you may do so.
MR. COLEMAN: No, Your Honor, I object to these ...