Broun

Defendant was charged by information with murder in violation of section 187 of the Penal Code. Pursuant to a plea bargain he pleaded guilty to murder in the second degree. The court, noting defendant was under the age of 21 at the time of apprehension, as part of the plea bargain first committed him to the California Youth Authority (CYA) with the proviso he would be sentenced to state prison if he was rejected by the CYA. CYA then refused to accept defendant. When defendant returned to court for sentencing, his attorney requested “to have the opportunity to bring the three people down from Sacramento to have a hearing to determine exactly why my client was rejected.” The motion was denied:

On appeal, defendant contends:

I

Defendant insists the CYA abused its discretion because it rejected defendant pursuant to Welfare and Institutions Code section 1731.5 rather than 1737.1.

The letter from the Director of CYA to the trial court rejecting defendant states: “Section 1731.5 of the Welfare and Institutions Code requires that the Youth Authority accept persons committed by a criminal court under specified conditions if it believes that the person can be materially…