In Re Charles L.

Fare v. Charles L.

Good Law
132 Cal. Rptr. 840·1976 Cal. App. LEXIS 2125·63 Cal. App. 3d 760
Court of Appeal of CaliforniaNovember 15, 1976Crim. 28675California1,743 words

Opinion

Opinion

Lillie, J.

The minor appeals from a judgment sustaining a petition filed pursuant to section 602, Welfare and Institutions Code, and declaring him a ward of the court. Initially the petition alleged that he committed a robbery (§ 211, Pen. Code) and in the course thereof intentionally inflicted great bodily injury. However, later the court vacated the finding sustaining the petition and, pursuant to stipulation, ordered the petition amended to allege assault by means of force likely to produce great bodily injury (§ 245, subd. (a), Pen. Code), and sustained the same. The only ground urged for reversal is that the Los Angeles County District Attorney’s office, because of an alleged conflict of interest, could not properly represent the petitioner herein.

Appellant and another minor (Walter) were charged with committing a robbeiy during the course of which great bodily harm was inflicted on the victim. At the time of the arraignment, Walter was represented by Eugene Hall; appellant was represented throughout the entire proceedings below by John Kemp. After the arraignment and before the adjudication hearing, Hall joined the Los Angeles County District Attorney’s office.

On the day…

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