In Re Melchor P.

People v. Melchor P.

Good Law
10 Cal. App. 4th 788·12 Cal. Rptr. 2d 812·1992 Cal. App. LEXIS 1261·92 Daily Journal DAR 14576·92 Cal. Daily Op. Serv. 8842
Court of Appeal of CaliforniaOctober 27, 1992H009203California2,539 words

Opinion

Opinion

Cottle, J.

I

Introduction

In the published portion of this opinion, we are asked to determine whether the Legislature intended in Vehicle Code section 13202.5 to penalize youthful offenders with drivers licenses who commit certain drug or alcohol related offenses more severely than youthful offenders without drivers licenses who commit the same offenses. We conclude the Legislature intended they be punished equally.

II

Facts

Minor Melchor P. was found to be a person described by Welfare and Institutions Code section 602 and was found to have committed the following offenses: one count of possession for sale of a controlled substance (Health & Saf. Code, § 11351) and two counts of sale of a controlled substance (Health & Saf. Code, § 11352, subd. (a)). The court imposed a maximum term of commitment of seven years and four months in the California Youth Authority (CYA). It also ordered that Melchor’s driving privilege be delayed for three years pursuant to Vehicle Code section 13202.5, subdivision (a).

III

Discussion

A. Did the Court Abuse its Discretion in Committing Melchor to CYA?

B. Did the Court Err in Delaying for Three Years Melchor’s Ability to Apply for a Driver’s…

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