In Re Dung T.

People v. Dung T.

Good Law
160 Cal. App. 3d 697·1984 Cal. App. LEXIS 2578·206 Cal. Rptr. 772
Court of Appeal of CaliforniaOctober 2, 1984Civ. 22751California13,494 words

Opinion

lead Opinion

Carr, J.

Dung T. appeals from an order of the Juvenile Court of San Joaquin County adjudging him a ward of the court (Welf. & Inst. Code, § 602), committing him to juvenile hall for 160 days, and requiring him to pay restitution to victims. The court found true allegations that appellant committed a robbery and personally used a firearm in its commission. (Pen. Code, §§ 211, 12022.5.) Appellant contends: (1) testimony of his lineup identification should have been suppressed as the product of an illegal detention; (2) the evidence was insufficient to support the findings of the trial court; (3) he was denied due process in that the proceedings were not adequately translated by a Cambodian interpreter; (4) he was denied his constitutional right to an interpreter throughout the proceedings when his interpreter was used without his consent to translate other witnesses’ testimony; (5) he was denied effective assistance of counsel; (6) the court improperly required restitution as a condition of probation; and (7) the court imposed an excessive term of juvenile hall confinement.

We conclude appellant was denied his right to an interpreter throughout the proceedings and on that basis we…

concurrence Opinion

Evans, J.

I concur in the result under the compulsion of the majority opinion in People v. Aguilar (1984) 35 Cal.3d 785 [ 200 Cal.Rptr. 908 , 677 P.2d 1198 ].

Opinion

Dung T. appeals from an order of the Juvenile Court of San Joaquin County adjudging him a ward of the court (Welf. & Inst. Code, § 602), committing him to juvenile hall for 160 days, and requiring him to pay restitution to victims. The court found true allegations that appellant committed a robbery and personally used a firearm in its commission. (Pen. Code, §§ 211, 12022.5.) Appellant contends: (1) testimony of his lineup identification should have been suppressed as the product of an illegal detention; (2) the evidence was insufficient to support the findings of the trial court; (3) he was denied due process in that the proceedings were not adequately translated by a Cambodian interpreter; (4) he was denied his constitutional right to an interpreter throughout the proceedings when his interpreter was used without his consent to translate other witnesses' testimony; (5) he was denied effective assistance of counsel; (6) the court improperly required restitution as a condition of probation; and (7) the court imposed an excessive term of juvenile hall confinement.

We conclude appellant was denied his right to an interpreter throughout the proceedings and on that…

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