People v. Juma P.

Good Law
1988 Cal. App. LEXIS 907·204 Cal. App. 3d 1228·251 Cal. Rptr. 739
Court of Appeal of CaliforniaSeptember 30, 1988No. A040413California3,688 words

Opinion

Lead Opinion

Pollak, J.

Juma P., a minor, appeals from a judgment making him a ward of the court under section 602 of the Welfare and Institutions Code, *1231 based on several sustained petitions, and committing him to confinement in a county-approved facility for a maximum of seven years. 1 He contends on appeal that the trial court erroneously denied his request for a determination of the voluntariness of his confession which was admitted into evidence at the hearing on one of the sustained petitions. We agree and order a limited remand with directions to the trial court to hold a hearing to determine whether the confession was voluntarily made.

The issues which Juma raises on appeal pertain only to the hearing on a petition filed August 28, 1987, alleging that he had committed three felony burglaries. Therefore, the only relevant factual background is the evidence adduced and the proceedings which occurred at that hearing.

Officer Joseph Smith of the Hayward Police Department testified that on March 18, 1987, at approximately 5 p.m., he took possession of a television and a sleeping bag from three minors on a street in Oakland. At the hearing, Smith identified Juma as one of those minors.…

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