People v. P. I.

Good Law
1989 Cal. App. LEXIS 43·207 Cal. App. 3d 316·254 Cal. Rptr. 774
Court of Appeal of CaliforniaJanuary 20, 1989No. A041221California2,096 words

Opinion

Lead Opinion

White, J.

P. I.appeals after the juvenile court referee sustained a supplemental Welfare and Institutions Code section 602 petition and committed him to the California Youth Authority. 1 P. I. contends: (1) the referee’s order sustaining the petition is not supported by substantial evidence; and (2) the referee lacked authority to conduct the dispositional phase of the hearing. We affirm.

Facts

P. I. was charged in the supplemental section 602 petition with assault with a firearm and enhancements for firearm use and infliction of great bodily injury. (Pen. Code, §§ 245, subd. (a)(2), 12022.5, subd. (a), 12022.7.) The victim of the assault—Roderick Jackson—told the responding officer that P. I. had shot him. However, Jackson later recanted his statements and refused to implicate P. I. at the jurisdictional hearing.

Jackson testified that he was standing outside of his house at about 12:30 p.m. when three Black men drove by in a car, and one of the men shot him in the leg. Jackson was unable to describe the three men or the car. He denied that P. I. was involved in the shooting or that he had made any statements implicating P. I. Jackson had known P. I. for 15 or 16 years and…

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