PEOPLE v. KING

Docket No. S026827.

5 Cal.4th 59 (1993)

851 P.2d 27

19 Cal. Rptr.2d 233

THE PEOPLE, Plaintiff and Respondent, v. SAMMY KING III, Defendant and Appellant.

Supreme Court of California.

May 17, 1993.


Attorney(s) appearing for the Case

COUNSEL

Carmella F. Simoncini, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Harley D. Mayfield and Gary W. Schons, Assistant Attorneys General, Keith I. Motley, Frederick R. Millar, Jr., M. Howard Wayne and Pat Zaharopoulos, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ARABIAN, J.

Pertinent provisions of the Penal Code and the Welfare and Institutions Code, combined with prior decisions of this court, seem to provide that a person under the age of 18 who commits first degree murder and is tried as an adult may be committed to the California Youth Authority (CYA), while the same person who attempts but fails to commit the same crime is not

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