Allgood

People v. Allgood

Good Law
126 Cal. Rptr. 666·1976 Cal. App. LEXIS 1145·54 Cal. App. 3d 434
Court of Appeal of CaliforniaJanuary 16, 1976Crim. 13277California8,946 words

Opinion

Opinion

Sims, J.

Defendant, having secured a certificate of probable cause to do so (Pen. Code, § 1237.5, Cal. Rules of Court, rule 31(d)), has appealed from a judgment of conviction under which he was committed to the California Youth Authority (Welf. & Inst. Code, § 1731.5) following his plea of guilty to murder in violation of section 187 of the Penal Code, fixed as of the second degree (§ 189) by stipulation. A minor, some 7 weeks under the age of 18 at the time of the commission of the offense, he seeks review of two orders of the juvenile court, which respectively, first, found him not a fit and proper subject to be dealt with under the Juvenile Court Law and directed the district attorney to prosecute him under the applicable criminal statute, as provided in section 707 of the Welfare and Institutions Code, and, second, denied his petition for a rehearing on that decision. He also seeks review of an order of the sentencing court which denied his petition for remand to the juvenile court.

On review of the judgment from which the appeal has been taken we may review the rulings of the court which lead to that judgment. (Pen. Code, § 1259.) We conclude that there was no error or abuse…

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