People v. Broun

Opinion

HASTINGS, J.

Defendant was charged by information with murder in violation of section 187 of the Penal Code. Pursuant to a plea bargain he pleaded guilty to murder in the second degree. The court, noting defendant was under the age of 21 at the time of apprehension, as part of the plea bargain first committed him to the California Youth Authority (CYA) with the proviso he would be sentenced to state prison if he was rejected by the CYA. CYA then refused to accept defendant. When defendant returned to court for sentencing, his attorney requested “to have the opportunity to bring the three people down from Sacramento to have a hearing to determine exactly why my client was rejected.” The motion was denied:

On appeal, defendant contends:

I. “The CYA abused its discretion by failing to consider the criteria required by section 1737.1 prior to the rejection of [defendant].”

II. “The principles of equal protection [and due process] mandate judicial review of the decision excluding [defendant] from CYA.”

I

Defendant insists the CYA abused its discretion because it rejected defendant pursuant to Welfare and Institutions Code section 1731.5 rather than 1737.1.

1

[287]

The letter from the Director of CYA to the trial court rejecting defendant states: “Section 1731.5 of the Welfare and Institutions Code requires that the Youth Authority accept persons committed by a criminal court under specified conditions if it believes that the person can be materially benefited by its reformatory and educational discipline, and if it has adequate facilities to provide such care.":

2

The CYA was correct. Section 1731.5 establishes the criteria the CYA must follow before initially

accepting

a person for treatment. Section 1737.1 applies to a person convicted in adult court who has been committed to