McFarland

People v. McFarland

Caution
17 Cal. App. 3d 807·1971 Cal. App. LEXIS 1530·95 Cal. Rptr. 369
Court of Appeal of CaliforniaMay 24, 1971Crim. 8097California6,391 words

Opinion

Opinion

Taylor, J.

Defendant, Robert McFarland, appeals from a judgment entered on a jury verdict finding him guilty of murder (Pen. Code, § 187) and from the prior proceedings transferring him from the juvenile court, pursuant to Welfare and Institution Code section 707. As to the juvenile court proceedings, appellant contends that: 1) the juvenile court’s initial jurisdictional finding, pursuant to Welfare and Institutions Code section 602 and the subsequent transfer to the superior court, caused jeopardy to attach within the meaning of the Fifth and Fourteenth Amendments of the U.S. Constitution, so that Welfare and Institutions Code section 707 and the transfer procedure are unconstitutional; 2) the order finding that he came under the jurisdiction of the juvenile court, pursuant to Welfare and Insti tutions Code section 602, was invalidated by the unconstitutional admission of his extrajudicial statements, as well as the application of the preponderance of the evidence standard; and 3) the order, pursuant to Welfare and Institutions Code section 707, finding him not amenable to the programs of the juvenile court was not based on sufficient evidence or the study required by the statute.…

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