People v. James V.

Good Law
153 Cal. Rptr. 334·1979 Cal. App. LEXIS 1478·90 Cal. App. 3d 300
Court of Appeal of CaliforniaMarch 9, 1979Crim. No. 33090California2,391 words

Opinion

Lead Opinion

Files, J.

This is an appeal taken on behalf of a 17-year-old boy who was adjudicated a ward of the juvenile court (Welf. & Inst. Code, § 602) and committed to the Youth Authority upon findings that he had molested an 11-year-old girl (Pen. Code, § 647a) and compelled a 7-year-old girl to orally copulate (Pen. Code, § 288a).

The opening brief contends (1) commitment to the Youth Authority was an abuse of discretion, and (2) the order of the juvenile court judge approving the referee’s commitment was made without adequate information. By a supplemental brief filed by permission after oral argument, *303 appellant contends that the commitment denies him equal protection of the law as compared with adult offenders.

The facts underlying the adjudication are not in dispute. By agreement the case was submitted on police reports. At the disposition hearing on April 11 and 12, 1978, the court had before it the probation officer’s report, a report by a psychiatric social worker, a report from Dr. Blanc, a staff psychiatrist of the probation department, and one from Dr. Goodman, a clinical psychologist appointed by the court. Two deputy probation officers testified.

The probation report…

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