Legal Opinion
In Re Stanley
California Court of Appeal
Decided September 16, 1976No. Crim. 28341PublishedCited by 9 opinions
1Opinion of the Court
Opinion
STEPHENS, J.
The question presented by this proceeding is whether section 707.2 of the Welfare and Institutions Code is unconstitutional insofar as it prohibits a judge from sentencing a minor criminal defendant to state prison.
Petitioner was charged by information with murder (Pen. Code, § 187) and robbery (Pen. Code, § 211). On January 21, 1976, pursuant to a plea bargain, petitioner pleaded guilty to second degree murder on count I and to grand theft from the person (Pen. Code, § 487, subd. 2) which was deemed a lesser included offense to that charged in count II. Petitioner was 17…
2Cases cited8 opinions
- In Re GAULTSupreme Court of the United States · 1967
- People v. TenorioCalifornia Supreme Court · 1970
- People v. NavarroCalifornia Supreme Court · 1972
- People v. Superior Court (On Tai Ho)California Supreme Court · 1974
- People v. RalphCalifornia Supreme Court · 1944
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- People v. Thang Van NguyenCalifornia Court of Appeal · 1993
- People v. CARL B.California Supreme Court · 1979
- People v. HarveyCalifornia Court of Appeal · 1980
- People v. HerronCalifornia Court of Appeal · 1976
- People v. MikhailCalifornia Court of Appeal · 1993
4 more not listed; retrieve them via the Exa API.