People v. Frank G.

104 Cal.App.3d 593 (1980) 163 Cal. Rptr. 762 In re FRANK G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent,

v.

FRANK G., Defendant and Appellant.

Docket No. 45420. Court of Appeals of California, First District, Division Four.

April 15, 1980. [594] COUNSEL

Randall A. Padgett, under appointment by the Court of Appeal, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, and Robert R. Granucci, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

CHRISTIAN, J.

Frank G. appeals from a judgment committing him to the Youth Authority after the juvenile court sustained allegations [595] that appellant had committed robbery (Pen. Code, § 211), false imprisonment (Pen. Code, § 236) and auto theft (Veh. Code, § 10851).

The findings and judgment are based on evidence that appellant and several companions invaded a business establishment in the evening, captured and tied up the maintenance man and the plant manager, and took several items of property.

Appellant's brother, Carlos, had previously been employed at the establishment. The plant manager recognized one of the masked robbers as Carlos by his voice.

Several months later, appellant went to the Los Angeles County Sheriff's Department and gave a tape-recorded confession. At trial, appellant testified that he gave the confession because he and his family had been threatened by Carlos, who was himself implicated in the robbery and demanded help in fabricating a defense.