In Re Andres M.

People v. Andres M.

Bad Law
18 Cal. App. 4th 1092·1993 Cal. App. LEXIS 948·23 Cal. Rptr. 2d 170·93 Daily Journal DAR 12301·93 Cal. Daily Op. Serv. 7166
Court of Appeal of CaliforniaSeptember 17, 1993D016868California5,674 words

Opinion

Concurrence in Part

Todd, J.

I concur except as to part V of the majority opinion, to which part I dissent for the reasons expressed in People v. Michaels (S033940) review granted August 26, 1993.

Lead Opinion

Benke, J.

Appellant Andres M. appeals from a disposition by the juvenile court committing him to the California Youth Authority (CYA) for a maximum confinement of 10 years.

Background

On February 18, 1992, before Judge Federico Castro, Andres M. admitted allegations contained in juvenile court petition No. 00158229 (JDA No. 75157). Specifically, he admitted two felony counts of violating Vehicle Code section 10851 on the dates of October 7, 1991 (count I) and February 3, 1993 (count II). He also admitted to misdemeanors of driving without a *1095 license on February 3, 1992 (count V) and giving false identification to a police officer on February 3, 1992 (count VI). A variety of other charges were dismissed. Following the admissions, Judge Castro informed Andres M. the overall maximum term for the offenses he had admitted was seven years, four months. A disposition hearing was set for March 10, 1992.

On March 10, 1992, Judge Castro continued the disposition hearing to March 19, 1992.

On March 19, 1992, at Andres M.’s request, the disposition in JDA No. 75157 was continued by Judge Castro to April 21, 1992, in order to allow Andres M. to seek an alternative to CYA…

Opinion

[Opinion certified for partial publication. [1] ]

OPINION

BENKE, J.

Appellant Andres M. appeals from a disposition by the juvenile court committing him to the California Youth Authority (CYA) for a maximum confinement of 10 years.

On February 18, 1992, before Judge Federico Castro, Andres M. admitted allegations contained in juvenile court petition No. 00158229 (JDA No. 75157). Specifically, he admitted two felony counts of violating Vehicle Code section 10851 on the dates of October 7, 1991 (count I) and February 3, 1993 (count II). He also admitted to misdemeanors of driving without a license on February 3, 1992 (count V) and giving false identification to a police officer on February 3, 1992 (count VI). A variety of other charges were dismissed. Following the admissions, Judge Castro informed Andres M. the overall maximum term for the offenses he had admitted was seven years, four months. A disposition hearing was set for March 10, 1992.

On March 10, 1992, Judge Castro continued the disposition hearing to March 19, 1992.

On March 19, 1992, at Andres M.'s request, the disposition in JDA No. 75157 was continued by Judge Castro to April 21, 1992, in order to allow Andres M.…

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