Rocha

People v. Rocha

Good Law
135 Cal. App. 3d 590·186 Cal. Rptr. 132·1982 Cal. App. LEXIS 1933
Court of Appeal of CaliforniaAugust 31, 1982Crim. 5748California4,619 words

Opinion

Opinion

Andreen, J.

Appellant, age 18 at all times mentioned herein, pled guilty to assault with a deadly weapon (Pen. Code, § 245, subd. (a)). The court committed him to the California Youth Authority (YA or Authority), which rejected him. Thereupon he was sentenced to prison for a term of four years.

His appeal challenges his rejection from the Authority, alleging he was denied due process, that the prohibition against ex post facto laws was violated, and that the policy under which he was excluded is void for failure to comply with the California Administrative Procedure Act (Gov. Code, §§ 11340-11528).

The facts are unimportant to our decision, so may be summarized: as a result of a street altercation, appellant stabbed the victim in his left eye.

The crime and the commitment to prison occurred in 1981.

Due Process

Appellant places primary reliance on People v. Ramirez (1979) 25 Cal.3d 260 [ 158 Cal.Rptr. 316 , 599 P.2d 622 ] for the proposition that his “summary” rejection violated his due process rights. He contends he should have been physically present at the YA facility, interviewed regarding the facts and circumstances of the case, and accorded the other rights accorded…

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