In Re Michael D.

People v. Michael D.

Bad Law
188 Cal. App. 3d 1392·1987 Cal. App. LEXIS 1329·234 Cal. Rptr. 103
Court of Appeal of CaliforniaJanuary 28, 1987A034383California1,638 words

Opinion

Opinion

Low, J.

We hold that an order of the juvenile court committing a minor to the California Youth Authority may be validly based on punishment and public safety grounds so long as it will also provide rehabilitative benefit to the minor.

The minor, Michael D., appeals from an order of wardship (Welf. & Inst. Code, § 602) committing him to the California Youth Authority (CYA) after he admitted to one count of sexual battery. (Pen. Code, § 243.4, subd. (a).) The minor contends that the juvenile court judge abused his discretion in committing him to CYA. We affirm.

On January 12,1986, officers responded to a report that a rape was in progress in the Day Street Park playground. They found a woman being raped by a minor; appellant was observed leaning over the victim near her head and appeared to be holding her down. The minor was leaning over the neck of the victim with his hands out in front, but there was no conclusive evidence he was choking the victim. However, it was clear from the medical evidence that the victim had lacerations and bruises consistent with attempted strangulation. After the incident, the minor showed little remorse for the incident nor any concern for the…

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