Nino v. J. L. P.

Opinion

BROWN (H. C.), J. This is an appeal from a judgment and order of the Superior Court of the County of Santa Clara, sitting as a juvenile court, declaring appellant a ward of said court and committing him to the California Youth Authority.

In April 1971, a petition was filed in the Superior Court for Santa Clara County, in session as a juvenile court, alleging that appellant, a person [88]under the age of 21 years, came within the provisions of California Welfare and Institutions Code section 602 in that on April 7, 1971, he violated California Penal Code sections 261, subdivision 3 (count I—rape), 236 (count II—false imprisonment) and 207 (count III—kidnaping).

When appellant first appeared with his attorney in superior court, in session as a juvenile court, he was informed by the court that he had two choices: he could be tried in the adult court, or, if he was tried in the juvenile court and' if any count of the petition was sustained that appellant would be committed to the Youth Authority. Defense counsel, after consulting with appellant, agreed to remain in the juvenile court.

A further hearing was thereafter held and the court reiterated its earlier determination that if appellant remained in juvenile court, he would be committed to the Youth Authority. The court stated that appellant was “not amenable to the Juvenile Court services” and the only reason he was permitted to remain was to protect his record. The court also' noted that appellant was “for all intents and purposes emancipated” and that an earlier term of probation had proven ineffective.

Thereafter the petition was read and appellant was informed of his constitutional rights. Appellant admitted counts I and III, and the court dismissed count II in the interest of justice. The court found the allegations in the petition to be true and that appellant was a minor coming within the provisions of California Welfare and Institutions Code section 602. The court declared appellant a ward of the court and ordered him committed to the California Youth Authority.

It is contended on appeal that the court committed error in refusing to hear evidence concerning the disposition to be made of appellant after he had plead guilty to two of the charges in the petition.

Preliminarily, reference is made to the pertinent sections of the Welfare and Institutions Code which disclose a sophisticated, specially designed procedure for retention of jurisdiction and the disposition of juveniles charged under sections 600, 601, and 602 of that code.