In Re Anthony M.
Anthony M. v. Anthony M.
Opinion
Opinion
Zenovich, J.
This appeal involves two issues: (1) whether sufficient evidence supported the determination that appellant Anthony M. (hereinafter Anthony) committed a burglary, and (2) whether the juvenile court abused its discretion in committing Anthony to the California Youth Authority (hereinafter CYA).
A subsequent petition was filed in juvenile court charging Anthony, a 16-year-old minor, with one count of burglary (underlying felony of grand theft) in violation of Penal Code section 459; and one count of violating a previous court order and condition of probation to “obey all laws.” He denied the allegations contained in this petition.
Following a jurisdictional hearing, the court found the allegations of the subsequent petition to be true. The court committed Anthony to CYA for the maximum term of three years on the burglary count and ran the sentence on the second count concurrently with the first. Anthony appeals from the commitment order.
Jurisdictional Hearing
At about 2:28 a.m., January 31, 1980, Modesto Police Officer Luciano Beltran received a call to respond to a silent alarm at Need-ham Liquors. When approximately 100 yards from the store, he observed a suspect,…