In Re Steven F.

People v. Steven F.

Caution
1994 Cal. App. LEXIS 25·21 Cal. App. 4th 1070·26 Cal. Rptr. 2d 604·94 Daily Journal DAR 601·94 Cal. Daily Op. Serv. 395
Court of Appeal of CaliforniaJanuary 14, 1994F019602California2,598 words

Opinion

Opinion

Best, J.

Steven F. appeals from an order adjudging him a ward of the juvenile court (Welf. & Inst. Code, § 602) and committing him to the California Youth Authority (CYA) after he admitted to one count of robbery.' He was also ordered, inter alia, to pay a restitution fine of $150 pursuant to section 730.6. He raises two contentions on appeal: (1) the court abused its discretion by committing him to CYA, and (2) the court erred by failing to consider his ability to pay the restitution fine.

In the unpublished portion of this opinion we will affirm the CYA commitment. In the published portion, we will vacate the order imposing the restitution fine and remand for further proceedings.

Factual and Procedural History

According to the probation report, 13-year-old Steven approached 9-year-old Michael Carbajal as the latter was walking with his bicycle to the store. Steven took a knife from his pocket, partially unfolded the blade, and said: “Give me your bike vato or I am going to stab you. Look at my knife.” Steven then grabbed the bicycle and rode away.

Michael reported the incident to his mother who reported it in turn to the police. Later that day, an officer saw Steven riding…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.