In Re James A.
People v. James A.
Opinion
Opinion
Lindsay, J.
These two juvenile cases have been consolidated on appeal because they raise the same issue, namely, whether a juvenile court has discretion to commit a minor to the Youth Authority (or other facility) for a period less than the “maximum term” as prescribed by Welfare and Institutions Code, section 726. Both appeals challenge orders of the San Francisco Superior Court sitting as a juvenile court.
Statement of Facts
I. James A.
A petition filed in juvenile court on May 4, 1978, pursuant to section 602 of the Welfare and Institutions Code, accused 16-year-old James A. of grand theft from the person (Pen. Code, § 487). On May 5, the petition was amended to add a second charge of attempted grand theft from the person.
On May 13, the minor escaped from the juvenile hall and remained at large until June 25. The petition was amended to add charges of escape (Welf. & Inst. Code, § 871), burglary (Pen. Code, § 459) committed on or about June 17, and receiving stolen property (Pen. Code, § 496) on or about June 2. At the jurisdictional hearing on June 29, 1978, after having been given his required constitutional warnings (Welf. & Inst. Code, § 702.5), the minor admitted the…