In Re Frankie J.

People v. Frankie J.

Bad Law
198 Cal. App. 3d 1149·1988 Cal. App. LEXIS 299·244 Cal. Rptr. 254
Court of Appeal of CaliforniaJanuary 29, 1988G004909California1,565 words

Opinion

Opinion

Sonenshine, J.

Frankie J. contends a condition of probation prohibiting his possession of weapons of any description was improper. He alleges the condition was unrelated to the facts of his case or his background. He also asserts the court, and not the probation officer, should have selected the terms and conditions of probation.

I

On January 4, 1985, two male assailants severely beat, raped, and sodomized Carolyn L. They also forced her to orally copulate them. A petition charging appellant with these crimes was filed January 14. The juvenile court, on April 16, found appellant committed rape (Pen. Code, § 261, subd. (2): two counts), rape by a foreign object (Pen. Code, § 289: one count) and oral copulation (Pen. Code, § 288a: two counts). He was removed from his parents’ custody and placed in Joplin Youth Center for 16 months. Various conditions of probation were orally imposed by the court.

In November, appellant escaped from Joplin. A petition was filed alleging the escape (Welf. & Inst. Code, § 871) and appellant admitted the allegation. He received 60 days consecutive to his earlier commitment. The court reinstated the previously imposed probationary conditions and further…

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