In Re Gary B.

People v. Gary B.

Good Law
1998 Cal. App. LEXIS 141·61 Cal. App. 4th 844·71 Cal. Rptr. 2d 824·98 Daily Journal DAR 1761·98 Cal. Daily Op. Serv. 1300
Court of Appeal of CaliforniaFebruary 20, 1998G020481California2,983 words

Opinion

Opinion

Bedsworth, J.

Rule 1494(c) of the California Rules of Court requires that the juvenile court specify in its order committing a minor to the California Youth Authority whether the minor’s offense “is one listed in section 707 (b)” of the Welfare and Institutions Code. (All subsequent statutory references are to this code, except as noted.) The consequences of this specification can be significant. If the offense is a section 707, subdivision (b) offense, the California Youth Authority maintains jurisdiction over the minor for two years or until the minor reaches the age of twenty-five, whichever occurs later. (§ 1769, subd. (b).) If, on the other hand, the offense is not on the list, the minor must be discharged after either two years or upon turning twenty-one, whichever is later. (§ 1769, subd. (a).)

In this appeal, Gary B. asks that we reverse an order of the juvenile court designating his crime a section 707, subdivision (b) offense. We decline to do so because the evidence properly considered by the trial court reveals he used a firearm in the commission of a robbery — an offense specified in section 707, subdivision (b)(3).

Charged with using a gun to commit a gang-related…

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