In Re Carlos B.

People v. Carlos B.

Good Law
1999 Cal. App. LEXIS 970·76 Cal. App. 4th 50·90 Cal. Rptr. 2d 72·99 Daily Journal DAR 11289·99 Cal. Daily Op. Serv. 8857
Court of Appeal of CaliforniaNovember 3, 1999C029474California1,889 words

Opinion

Opinion

Raye, J.

The Yolo County Juvenile Court sustained charges against the minor, Carlos B., of transportation of methamphetamine for sale between noncontiguous counties (Health & Saf. Code, § 11379, subd. (b)) and possession of methamphetamine for sale (Health & Saf. Code, § 11378). Following an unsuccessful attempt to transfer the disposition hearing to Tulare County, the Yolo County Juvenile Court committed the minor to the California Youth Authority (CYA).

On appeal, the minor contends (1) the evidence is insufficient to establish he knowingly possessed and transported methamphetamine, (2) his commitment to CYA by Yolo County must be set aside and the matter remanded to Tulare County for disposition, (3) assuming Yolo County had jurisdiction for disposition of the case, the court abused its discretion in committing him to CYA, and (4) section 654 of the Penal Code requires staying the term imposed for possession of methamphetamine. Only the minor’s fourth contention has merit.

Facts

California Highway Patrol Officer Jerry Smith stopped an Oldsmobile for speeding on Interstate 5 in Yolo County. The minor and driver, one Julio Cesar, were the only occupants of the car. Smith went…

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