Fare v. Leonard R.

Opinion

COMPTON, J. —

Appeal by a juvenile, Leonard R., who was committed to the California Youth Authority after the juvenile court found he had participated in a robbery and was thus a delinquent pursuant to Welfare and Institutions Code section 602.

At the disposition hearing, there was a disagreement between Leonard’s counsel and the court over whether Leonard’s accomplice in the robbery had used a knife on the victim. Both counsel and the court were using notes taken during the adjudication hearing. Leonard now contends that he is entitled to a new dispositional hearing and an opportunity to establish that no knife was used.

There was never any question but what Leonard was merely an aider and abettor and not himself armed. Nor was there ever any question but that a robbery had occurred. The victim testified that the accomplice held “a knife or something” to his throat. The court’s decision to commit Leonard to the California Youth Authority was based on the fact that Leonard had participated in a robbery after having previously participated in at least three other robberies and an assault. In each previous case petitions had been sustained in the juvenile court.

[103]

In view of Leonard’s demonstrated anti-social behavior, it clearly was not an abuse of discretion for the court, in this instance, to commit him to the California Youth Authority. The exact nature of the weapon used by the accomplice is of no significance. (See

In re Lynette G.,

54 Cal.App.3d 1087 [126 Cal.Rptr. 898].)

Leonard next contends that he is entitled to credit against his California Youth Authority commitment for time spent in juvenile hall during the pendency of the proceedings in the juvenile court. We disagree.

By statute, California credits all convicted felons and misdemeanants with presentence time spent in confinement when the confinement is attributable to proceedings related to the same conduct for which the felon or misdemeanant has been convicted. (Pen. Code, § 2900.5.)

To support his contention that he is entitled to credit, Leonard relies upon