In Re David K.

On December 14, 1976, in the Juvenile Court of Sutter County, a petition was filed alleging, in four counts, that *996 the minor, David K., had committed several criminal offenses on December 12, 1976. On December 28, 1976, the minor admitted the allegations of count V of an amended petition which alleged the violation on the same date of an attempted robbery pursuant to Penal Code sections 664 and 211. Counts I through IV were dismissed. The court, having determined that the minor was a resident of the County of Los Angeles, ordered the matter transferred to the Juvenile Court of Los Angeles County for further proceedings.

On January 10, 1977, by virtue of an amended petition filed in the Juvenile Court for the County of San Francisco, David was charged with having committed three offenses. In count I he was charged with committing, on December 12, 1976, the robbery of Edward Langley with the use of a knife in violation of Penal Code section 211a. In count II David was charged with a violation of section 10851 of the Vehicle Code on the same date by taking Langley’s automobile. In count III he was charged with receiving stolen property on the same date, the property,…

I dissent.

The majority opinion makes a full and fair recitation of the facts. However, one item of testimony is not covered in the recitation. A San Francisco probation officer was called by the People to testify regarding certain alleged admissions by the minor. The admissions were excluded because the judge was not satisfied that they were voluntary. However, without objection, the probation officer did testify that all three minors were from Canoga Park in Los Angeles County. It seems to me that this circumstance added to the evidence summarized in the majority opinion pushes the case over the substantial evidence line. The trial judge was entitled to consider the odds against the minor being in the stolen car in *1004 Yuba City with two other minors, all three from the same community, one of whom was identified as one of three robbing a victim in San Francisco three hours earlier (the approximate driving time to Yuba City) as a result of some chance meeting on the road after the robbery. The evidence supports the inference that the minor was one of the three involved in the San Francisco robbeiy.

The evidence also supports the conclusion that the minor aided and abetted the…

JEFFERSON (Bernard), J.

On December 14, 1976, in the Juvenile Court of Sutter County, a petition was filed alleging, in four counts, that the minor, David K., had committed several criminal offenses on December 12, 1976. On December 28, 1976, the minor admitted the allegations of count V of an amended petition which alleged the violation on the same date of an attempted robbery pursuant to Penal Code sections 664 and 211. Counts I through IV were dismissed. The court, having determined that the minor was a resident of the County of Los Angeles, ordered the matter transferred to the Juvenile Court of Los Angeles County for further proceedings.

On January 10, 1977, by virtue of an amended petition filed in the Juvenile Court for the County of San Francisco, David was charged with having committed three offenses. In count I he was charged with committing, on December 12, 1976, the robbery of Edward Langley with the use of a knife in violation of Penal Code section 211a. In count II David was charged with a violation of section 10851 of the Vehicle Code on the same date by taking Langley's automobile. In count III he was charged with receiving stolen property on the same…