In Re Tyrone O.

People v. Tyrone O.

Good Law
1989 Cal. App. LEXIS 298·209 Cal. App. 3d 145·257 Cal. Rptr. 134
Court of Appeal of CaliforniaMarch 20, 1989H004095California2,679 words

Opinion

Opinion

Elia, J.

Tyrone O., a 17-year-old minor, appeals the order modifying his previous disposition by the juvenile court and committing him to the California Youth Authority (CYA) pursuant to Welfare & Institutions Code section 777. He seeks reversal on the dual grounds that the district attorney denied him due process by failing to notify him it would recommend CYA commitment, and that the trial court abused its discretion by ordering such commitment. We find no reversible error and affirm.

Factual Background

Tyrone is the youngest of three children; his siblings have not prompted the attentions of juvenile authorities. Tyrone first became a ward of the court at age 12, pursuant to a 1984 proceeding under section 602 for threatening a classmate with sewing shears. (Pen. Code, § 417.) Following five days in juvenile hall, he successfully completed a one-year probation period which included personal and family counseling and public service work. In January 1987, another section 602 petition charged him with burglary of an inhabited residence during which he stole jewelry, cash, and wine (Pen. Code, §§ 459-460.1), and petty theft of a pair of shoes from a shoe store (Pen. Code, §§…

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