In Re Sim J.

People v. Sim J.

Good Law
1995 Cal. App. LEXIS 881·38 Cal. App. 4th 94·45 Cal. Rptr. 2d 30·95 Daily Journal DAR 12219·95 Cal. Daily Op. Serv. 7163
Court of Appeal of CaliforniaSeptember 8, 1995A067761California1,713 words

Opinion

Opinion

Reardon, J.

In the first appeal, we concluded that appellant Sim J. had not been adequately advised of his privilege against self-incrimination at the time he admitted a violation of Welfare and Institutions Code section 871, subdivision (b) (felony escape by force from juvenile custody) and a violation of Penal Code section 594 (misdemeanor vandalism). (In re Sim J. (May 26, 1994) A062110 [nonpub. opn.].) We reversed the judgment and his commitment to the California Youth Authority (CYA).

Upon resumption of proceedings in the juvenile court, Sim again admitted the same two violations, this time after proper advisement of rights. He was again committed to CYA, with the court fixing the maximum term at 82 months, which was the same as the prior commitment. The court again determined that a prior assault with a deadly weapon, which had been charged as a misdemeanor and admitted by Sim as a misdemeanor, was an offense enumerated in Welfare and Institutions Code section 707, subdivision (b) (section 707(b)).

On the instant appeal, Sim contends (1) that the juvenile court abused its discretion in committing him to CYA without a new report and (2) that the juvenile court erred in…

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