In Re Marven C.

People v. Marven C.

Good Law
1995 Cal. App. LEXIS 271·33 Cal. App. 4th 482·39 Cal. Rptr. 2d 354·95 Daily Journal DAR 3794·95 Cal. Daily Op. Serv. 2226
Court of Appeal of CaliforniaMarch 24, 1995B078648California1,982 words

Opinion

Opinion

Epstein, J.

Marven C. appeals from an order of the juvenile court declaring him a ward under Welfare and Institutions Code section 602, and committing him to the California Youth Authority for a period not to exceed 29 years to life. In the published portion of this opinion, we discuss his challenge to the jurisdictional finding of the juvenile court. Appellant argues there is insufficient evidence in the record to establish that he appreciated the wrongfulness of his conduct, as required by Penal Code section 26 when the minor is under the age of 14 at the time of the charged conduct. We find the adjudication is supported by substantial evidence.

In the unpublished portion of the opinion, we address appellant’s additional arguments. He contends that the adjudication of count 1 of the petition must be treated as a finding of second degree murder because the juvenile court failed to specify the degree. We find the juvenile court’s statement ambiguous, and remand for clarification on this issue. Appellant argues that the trial court abused its discretion in committing him to the California Youth Authority. We find no abuse of discretion. Finally, he argues that an improper enhancement…

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