In Re Lynette G.
Cabell v. Lynette G.
Opinion
Opinion
KINGSLEY, Acting P.J.
Lynette G. appeals from an order of the Juvenile Court, which order found that she is a person described by Welfare and Institutions Code section 602 because she committed a robbery (a violation of Pen. Code, § 211). She was found to be a ward of the court and placed on probation in her father's home. Miss G. contends that: (1) she was illegally detained and transported to the scene of the crime for an on-the-scene identification; and (2) the evidence is insufficient to show that she aided and abetted in the commission of the robbery.
For the reasons stated below we affirm the judgment.
Evidence presented at the juvenile court hearing established that, shortly before 3 p.m. on November 6, 1974, Frances Divine was walking toward her home in Lincoln Heights when a teen-age girl ran up to her and hit her two times over the head with a heavy object. Mrs. Divine was carrying her purse and a Bullock's shopping bag which contained a new purse she had just purchased. She had $31 in her wallet.
Mrs. Divine stared at the girl, who was holding Mrs. Divine's handbag up toward her chest. The blows were hard and Mrs. Divine started to bleed. She was stunned.…
Lead Opinion
Kingsley, J.
Lynette G. appeals from an order of the Juvenile Court, which order found that she is a person described by Welfare and Institutions Code section 602 because she committed a robbery (a violation of Pen. Code, § 211). She was found to be a ward of the court and placed on probation in her father’s home. Miss G. contends that: (1) she was illegally detained and transported to the scene of the crime for an on-the-scene identification; and (2) the evidence is insufficient to show that she aided and abetted in the commission of the robbery.
For the reasons stated below we affirm the judgment.
Evidence presented at the juvenile court hearing established. that, shortly before 3 p.m. on November 6, 1974, Frances Divine was walking toward her home in Lincoln Heights when a teen-age girl ran up to her and hit her two times over the head with a heavy object. Mrs. Divine was carrying her purse and a Bullock’s shopping bag which contained a new purse she had just purchased. She had $31 in her wallet.
Mrs. Divine stared at the girl, who was holding Mrs. Divine’s handbag up toward her chest. The blows were hard and Mrs. Divine started to *1091 bleed. She was stunned. Mrs. Divine saw…
Dissenting Opinion
Jefferson, J.
I dissent. The majority upholds an adjudication by the juvenile court that Lynette G. committed the criminal offense of robbery in violation of Penal Code section 211. The majority rejects the two contentions made by Lynette: (1) that she was illegally detained and transported to the scene of the crime for an on-the-scene identification; and (2) that the evidence is insufficient to establish that she aided and abetted another minor, Melody H., who was the actual perpetrator of the robbery. It is my opinion that both of the contentions of Lynette are valid and that the juvenile court’s adjudication of guilt ought to be reversed.
The facts are not in dispute. At about 3 p.m. on November 6, 1974, Frances Divine was walking near her home when a black teenage girl ran up to her, hit her two times over the head with some heavy object, and grabbed her purse and a package which contained a new purse *1096 which Mrs. Divine had just bought. A minor, Melody H., turned out to be the perpetrator. Mrs. Divine began hollering for help and several persons in the vicinity, including Mrs. Divine, saw three other black teenage girls together about five feet from Mrs. Divine. When Mrs. Divine…