In Re Norman H.

Fare v. Norman H.

Good Law
136 Cal. Rptr. 145·1976 Cal. App. LEXIS 2179·64 Cal. App. 3d 997
Court of Appeal of CaliforniaDecember 15, 1976Crim. 27955California4,028 words

Opinion

lead Opinion

Beach, J.

On July 28, 1975, the Probation Officer of Los Angeles County filed a petition that alleged appellant came within the provisions of Welfare and Institutions Code section 602 in that he had violated Penal Code sections 187 (murder, count one), 459 (burglary, count two), and 487, subdivision 3 (auto theft, count three). Appellant denied the allegations and was ordered detained pending psychiatric examination.

A hearing began on September 11, 1975. The court sustained the petition and found appellant to be a person described by Welfare and Institutions Code section 602. The court ordered him detained.

Appellant was declared a ward and committed to the California Youth Authority. He appeals from the judgment.

*1000 Facts:

Appellant was solicited to burglarize Elaine Reed’s apartment by another minor, Dexter Brooks. Brooks and appellant went to the apartment and once entry had been gained, Brooks armed himself with a butcher knife. Brooks entered Elaine Reed’s bedroom and stabbed her in the chest. The apartment was then ransacked. After taking the victim’s purse, both minors went to the garage and stole the victim’s car. They used the car keys found in the purse to drive…

concurrence Opinion

Roth, J.

I concur under compulsion of People v. Lara, 67 Cal.2d 365 [ 62 Cal.Rptr. 586 , 432 P.2d 202 ].

Appellant’s petition for a hearing by the Supreme Court was denied February 11, 1977.

Opinion

On July 28, 1975, the Probation Officer of Los Angeles County filed a petition that alleged appellant came within the provisions of Welfare and Institutions Code section 602 in that he had violated Penal Code sections 187 (murder, count one), 459 (burglary, count two), and 487, subdivision 3 (auto theft, count three). Appellant denied the allegations and was ordered detained pending psychiatric examination.

A hearing began on September 11, 1975. The court sustained the petition and found appellant to be a person described by Welfare and Institutions Code section 602. The court ordered him detained.

Appellant was declared a ward and committed to the California Youth Authority. He appeals from the judgment.

Appellant was solicited to burglarize Elaine Reed's apartment by another minor, Dexter Brooks. Brooks and appellant went to the apartment and once entry had been gained, Brooks armed himself with a butcher knife. Brooks entered Elaine Reed's bedroom and stabbed her in the chest. The apartment was then ransacked. After taking the victim's purse, both minors went to the garage and stole the victim's car. They used the car keys found in the purse to drive the…

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