In Re Jose P.
People v. Jose P.
Opinion
Opinion
Dawson, J.
Following a contested jurisdictional hearing, the juvenile court sustained allegations of forcible rape (Pen. Code, § 261, subd. (a)(2)) and unlawful sexual intercourse (§ 261.5) against Jose P. (appellant), and committed him to the California Youth Authority (CYA) for a period not to exceed nine years.
Appellant contends the juvenile court erred in sustaining the forcible rape allegation. He further contends the juvenile court made various dispositional errors. We will remand for a new dispositional determination, but affirm the finding of forcible rape.
FACTS
Yvonne G. was 15 years old, and appellant 16, when she went to his house to “scam and jam” — which means to kiss and leave. She went there with her friend, appellant’s cousin Susie, and Susie’s boyfriend Daniel. Yvonne had seen appellant at a fair two years before and, recently, had spoken to him on the phone, but did not really know him.
It was around 8:00 p.m. when the group arrived. Appellant’s mother was not home, but the husband of another of appellant’s cousins was there. The two couples — Yvonne and appellant, and Susie and Daniel — smoked marijuana in appellant’s room. Appellant turned out the lights,…