In Re Marcus A.
People v. Marcus A.
Opinion
Opinion
Ramirez, J.
The defendant, Marcus A., appeals from an order committing him to the California Youth Authority (CYA) after a contested dispositional hearing, arguing that the proceedings were improperly initiated pursuant to Welfare and Institutions Code section 777. The People concede that prejudicial error occurred. We agree and reverse.
Facts and Procedural History
Marcus A. became involved with the juvenile courts at age 13, when, in December 1997, the San Bernardino County District Attorney filed a petition alleging that he was a person coming under the provisions of Welfare and Institutions Code section 602 because he had committed the crime of grand theft in violation of Penal Code section 487, subdivision (a). An amended petition was later filed, alleging two additional counts: petty theft in violation of Penal Code section 488, and giving false information to a police officer in violation of Penal Code section 148.9, subdivision (a).
On June 23, 1998, Marcus A. voluntarily admitted the grand theft count. On the motion of the district attorney the remaining two counts were dismissed. Marcus A. was found to come under the provisions of section 602 and was retained in juvenile…