In Re Michael H.
People v. Michael H.
Opinion
Opinion
Cornell, J.
Michael H. has a long history of involvement in the juvenile justice system. While several of the incidents involved sexual overtones, only the last adjudication involved a felony (Pen. Code, § 288). As a result of this adjudication, Michael was committed to the California Youth Authority (CYA).
The People filed a petition pursuant to Welfare and Institutions Code section 1800 et seq. shortly before Michael’s commitment was scheduled to expire on his 21st birthday. The juvenile court ordered Michael’s commitment extended for two years after a contested court trial.
Michael argues the proceedings in the juvenile court violated his rights to due process and to equal protection of the laws. He also argues there was not substantial evidence to support the necessary findings to continue his commitment.
The Supreme Court recently upheld section 1800 et seq. in the face of a due process challenge by construing the statutory scheme to require a finding that the person’s mental deficiency, disorder, or abnormality causes serious difficulty in controlling his or her dangerous behavior. (In re Howard N. (2005) 35 Cal.4th 117 [ 24 Cal.Rptr.3d 866 , 106 P.3d 305 ].)