People v. Hannon

Opinion

MOSK, J.

Defendant appeals from a judgment of the superior court sentencing him to state prison after his rejection by the California Youth Authority. We are called upon to construe Penal Code section 17 to determine if a juvenile offender, convicted of a crime alternatively punishable as a felony or misdemeanor, and committed to the Youth Authority, may thereafter be sentenced to state prison.

Defendant was charged with two counts of forcible rape upon a female under the age of 18 (Pen. Code, § 261, subd. 3) in. November of 1967. At trial defendant withdrew his not guilty pleas and…