In Re Jose P.

People v. Jose P.

Good Law
101 Cal. App. 3d 52·161 Cal. Rptr. 400·1980 Cal. App. LEXIS 1375
Court of Appeal of CaliforniaJanuary 14, 1980Civ. 18657California2,829 words

Opinion

Opinion

Work, J.

Jose P., a minor nonresident alien, appeals his commitment to California Youth Authority (CYA) following a contested hearing resulting in a true finding to the charge of unlawful use of a motor vehicle, a felony (Veh. Code, § 10851). A maximum three-year term was aggregated with an additional one year previously suspended following an unrelated true finding of attempted commission of the same offense, a misdemeanor.

Appellant does not challenge the true finding on this appeal, but attacks his commitment to CYA, the imposition of the maximum term for the felony auto theft without specifications of reasons, the aggregating of the previously suspended misdemeanor term, and denial of precommitment credits of 25 days.

By its recent decision, In re Eric J. (1979) 25 Cal.3d 522 [ 159 Cal.Rptr. 317 , 601 P.2d 549 ], the Supreme Court conveyed both good news and bad news to Jose. He will get credits for all precommitment confinement; he is not entitled to know why the referee imposed the maximum term. In addition, his consecutive term can only be one-third of one year, or four months.

Jose’s two remaining contentions are more difficult to resolve.

Factual background.

Jose is…

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