PEOPLE v. CARL B.

Docket No. Crim. 20711.

24 Cal.3d 212 (1979)

594 P.2d 14

155 Cal. Rptr. 189

THE PEOPLE, Plaintiff and Respondent, v. CARL B., Defendant and Appellant.

Supreme Court of California.

May 11, 1979.


Attorney(s) appearing for the Case

COUNSEL

Paul Halvonik and Quin Denvir, State Public Defenders, Charles M. Sevilla, Chief Assistant State Public Defender, Aurelio Munoz and F. Elaine Easley, Deputy State Public Defenders, for Defendant and Appellant.

Evelle J. Younger, George Deukmejian, Attorneys General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Lawrence P. Scherb II, Frederick R. Millar, Jr., Shunji Asari and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

RICHARDSON, J.

In this case we review and consider the scope of a sentencing court's discretion, under section 707.2 of the Welfare and Institutions Code, to accept or reject the recommendation of the Youth Authority (YA) that a minor defendant be committed to a YA facility rather than to state prison. As will appear, although we decline to hold that YA's recommendation is absolutely binding upon the sentencing court, nevertheless...

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