In Re Chadwick C.

People v. Chadwick C.

Good Law
137 Cal. App. 3d 173·186 Cal. Rptr. 827·1982 Cal. App. LEXIS 2138
Court of Appeal of CaliforniaNovember 2, 1982Civ. 6787California4,137 words

Opinion

Opinion

Woolpert, J.

Chadwick C., a 14-year-old minor, appeals from a judgment and dispositional order committing him to the California Youth Authority. His rather significant delinquent background will be discussed later.

Our overriding issue is a “procedural one” in that appellant’s counsel seeks to expand the review beyond that stated in the notice of appeal which was simply: “Abuse of discretion by Juvenile Judge in committing minor to California Youth Authority.” The issue urged for the first time on appeal after appellate counsel’s appointment and receipt of the record on appeal is that of Boykin-Tahl error. However, no certificate of probable cause was procured from the juvenile court judge pursuant to Penal Code section 1237.5 and California Rules of Court, rules 31 and 39. Respondent urges that the absence of the certificate precludes review of a Boykin-Tahl error, irrespective of whether the appellant is an adult or a juvenile.

The seriousness of this issue is of particular concern to us for two reasons. First, appellant’s counsel reminds us of his client’s youthfulness and emphasizes the minor’s possible lack of understanding of the court proceedings upon the taking of his…

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