Grisso

Following guilty pleas to first degree murder and robbery, defendant, James Eldon Grisso, a minor, was sentenced to state prison. On appeal he contends the court’s disposition was based upon an erroneous belief that Welfare and Institutions Code section 1731.5 precluded a commitment to the California Youth Authority (CYA). He argues the language of Welfare and Institutions Code section 707.2 impliedly repeals that portion of section 1731.5 which excludes reference to the Youth Authority of youthful offenders sentenced to imprisonment for life. Defendant further contends his commitment to state prison was a denial of his due process and equal protection rights and constituted cruel and unusual punishment. He also argues that inasmuch as he originally entered a not guilty by reason of insanity plea, the matter should be remanded to the trial court for findings on his sanity under the test set forth in People v. Drew (1978) 22 Cal.3d 333 [ 149 Cal.Rptr. 275 , 583 P.2d 1318 ].

Defendant, a 17 year old, confessed to first degree murder and robbery; he had several prior experiences with the juvenile authorities for running away from home, and one of malicious mischief (reduced…