In Re Samuel B.

People v. Samuel B.

Caution
184 Cal. App. 3d 1100·1986 Cal. App. LEXIS 1966·229 Cal. Rptr. 378
Court of Appeal of CaliforniaAugust 26, 1986B016844California3,029 words

Opinion

Opinion

Lillie, J.

The minor challenges only the disposition order committing him to the custody of the California Youth Authority after petition was sustained alleging forcible rape in concert (count I) (§ 261, § 264.1, Pen. Code); kidnapping (count II) (§ 207, Pen. Code); and robbery (count III) (§211, Pen. Code).

Facts

About 2 a.m., Olga V. and a friend were walking from a restaurant when they were approached by a car from which exited appellant and two men, one of whom demanded of her friend everything he had; at the same time, appellant grabbed and tore four gold chains and a pendant from Olga V.’s neck. Appellant told the men they should take her to the car whereupon appellant and the men grabbed her and forced her into the front seat.

Appellant drove for some time threatening Olga V., who was screaming; to stop her, one of the men tied a handkerchief around her mouth; appellant drove to an alley between two houses and stopped; the men forced her into a garage; one of them started to hug Olga V. but appellant told the others that he would go first; appellant removed her clothing and raped her while one of the men held her by the arms from behind, and the other watched out the door;…

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