In Re Richard W.
People v. Richard W.
Opinion
Opinion
Creede, J.
Statement of the Case
A petition filed pursuant to Welfare and Institutions Code section 602 alleged two counts of burglary, a violation of Penal Code section 459, occurring on April 28, 1978, at the Sea Gypsy Motel in Pismo Beach. After a contested jurisdictional hearing on May 17, 1978, both counts of the petition were found true beyond a reasonable doubt and the burglaries were determined to be of the first degree. The court further found appellant came within the provisions of section 202, subdivision (b). On May 31, 1978, a dispositional hearing was held and appellant was committed to the Youth Authority, setting the maximum period of physical confinement at six years and four months.
Appellant appeals from the adjudication and disposition.
Statement of Facts
On April 28, 1978, Raymond Gill was occupying room 120 of the Sea Gypsy Motel in Pismo Beach and was awakened by his barking dog. He went to the balcony, looked outside and saw a boy with blonde hair coming out of room 114 onto a balcony. Gill then saw another boy, whom he identified at trial as appellant, on the balcony 30 to 35 feet away. Gill watched while the two boys went to the wrought iron railing…