In Jesse W. v. Superior Court (1979) 26 Cal.3d 41, the Supreme Court held that a minor who has been "acquitted" by a referee cannot be brought to rehearing de novo before a judge, without the minor's consent, without being "exposed to jeopardy a second time contrary to Fifth Amendment prohibitions." (At p. 48.) When a minor requests a rehearing he implicitly waives any claim he might otherwise make that the hearing de novo he has requested would place him twice in jeopardy (cf. Ludwig v. Massachusetts (1976) 427 U.S. 618, 631-632), but of course as a practical matter a minor will never request a rehearing of a referee's "acquittal": Such rehearings would occur only upon the court's sua sponte order (Welf. & Inst. Code, 253). Tacitly acknowledging this practical reality, Jesse W. further recognizes that "'because a referee's determination favorable to a juvenile cannot be reheard, it is not merely a subordinate judicial act and is constitutionally proscribed.'" ( Jesse W. v. Superior Court, supra , 26 Cal.3d at p. 47, fn. 5.)