In Re James H.

People v. James H.

Caution
165 Cal. App. 3d 911·1985 Cal. App. LEXIS 1780·212 Cal. Rptr. 61
Court of Appeal of CaliforniaMarch 19, 1985Civ. 33302California3,772 words

Opinion

Opinion

Morris, J.

James H., a 16-year-old minor, admitted as true the allegations in a petition which charged him with burglary. (Pen. Code, § 459.) Minor was committed to the California Youth Authority for a maximum of six years.

On appeal minor contends that the trial court erred in accepting his admission to the burglary charge without obtaining a knowing and intelligent waiver of his constitutional rights, and in not securing his personal waiver of his right to have the dispositional hearing before the same judge to whom he admitted the offense. Minor also contends that it was error to commit him to the California Youth Authority. We find no error.

Facts

Minor burglarized a residence in Palmdale, California. Shortly thereafter he was taken into custody by the Los Angeles County Sheriff.

A petition filed in the Los Angeles Superior Court pursuant to section 602 of the Welfare and Institutions Code charged minor with one count of burglary, a felony. (Pen. Code, § 459.) Minor admitted the allegations of the petition in the juvenile proceeding before the Los Angeles court.

Being a resident of San Bernardino, minor was transferred to San Bernardino County for the dispositional hearing.…

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