In Re Carlos E.

People v. Carlos E.

Good Law
127 Cal. App. 4th 1529·2005 Cal. App. LEXIS 513·2005 Daily Journal DAR 3881·26 Cal. Rptr. 3d 551·2005 Cal. Daily Op. Serv. 2933
Court of Appeal of CaliforniaApril 1, 2005F045287California3,387 words

Opinion

Opinion

Vartabedian, J.

In this matter of first impression, we determine whether Welfare and Institutions Code section 731 (further references are to this code unless stated otherwise), operative January 1, 2004, alters the method for determining the maximum term of confinement in the California Youth Authority (CYA). We find that, in light of the present language of section 731, the maximum term of a minor’s confinement must be discretionarily determined by the juvenile court based on the facts and circumstances placing the minor before the court, not to exceed the maximum time prescribed by adult sentencing law.

PROCEDURAL AND FACTUAL BACKGROUND

Minor Carlos E., the appellant, confronted the victim about a prior altercation. Minor stabbed the victim and then pushed him into a nearby canal. Minor fled.

The juvenile court adjudicated minor a ward of the court pursuant to section 602 after minor admitted a felony violation of Penal Code section 245, subdivision (a)(1), assault with a deadly weapon. The court committed minor to a juvenile detention center for 180 days and placed him on probation.

Subsequently, minor missed probation appointments, dropped out of school, failed to obey the…

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