People v. Thanh Q.

[1388]

Opinion

SONENSHINE, J.

An amended petition filed on January 14, 1991, alleged Thanh Q. had violated Welfare and Institutions Code section 871, escape from a county juvenile facility.

1

At the jurisdictional hearing, the court found the allegations true and subsequently committed him to the California Youth Authority.

I

On February 27, 1990, Thanh was committed to Los Pinos Conservation Camp, an Orange County juvenile facility, for 365 days.

2

A furlough was arranged to allow Thanh to go home for an overnight visit beginning December 29, 1990. Thanh agreed not to leave his house unless with his mother and to be picked up at 6:30 p.m. on the 30th. When Thanh failed to appear at the designated meeting point, a probation officer called Thanh’s house. She was told that Thanh had not been seen since leaving for the pickup site. He was subsequently apprehended, on January 2, 1991, while riding in a car with other minors.

II

Thanh’s sole contention is that because he did not escape from a county institution, he did not violate section 871.

3

He argues the trial court erred in concluding he was in the constructive custody of Los Pinos Conservation Camp.

We begin our analysis by noting “[t]he crime of escape as defined in section 871 is entirely statutory and . . . that section must be strictly construed. [Citation.]”

(In re Steven E.

(1991) 229 Cal.App.3d 1162, 1166 [280 Cal.Rptr. 540].)

The plain language of section 871 does not include escapes while on home furloughs from county juvenile facilities. In contrast, section 1768.7, subdivision (a), which relates to escapes from the Youth Authority, expressly