In Re Charles C.
People v. Charles C.
Opinion
Opinion
Best, J.
—After a contested hearing, the juvenile court found true allegations that Charles C., age 17, committed rape in concert (Pen. Code, §§ 264.1, 261, subd. (2)), lewd and lascivious conduct (Pen. Code, § 288, subd. (a)) and unlawful intercourse (Pen. Code, § 261.5). The court found he came within the provisions of the Welfare and Institutions Code section 602 and committed him to the California Youth Authority (CYA) for a maximum term of nine years, less credits for time served. Charles appeals contending (1) his CYA commitment should be limited to six months past the age of majority because he was denied a jury trial, and (2) improper character evidence was admitted. We affirm.
Statement of Facts
Discussion
1. Does the denial of trial by jury in juvenile cases require the minor’s CYA confinement be limited to six months beyond the age of majority?
Charles raises a variation on the claim that a juvenile is entitled to a jury trial. His argument is as follows. There is no right to a jury trial in a juvenile proceeding (People v. Superior Court (Carl W. ) (1975) 15 Cal.3d 271, 285 [ 124 Cal.Rptr. 47 , 539 P.2d 807 ]), but any person over 18 years of age is entitled to a…