People v. Woodhead

Opinion

KAUFMAN, J.

In this case we must decide whether a statute which prohibits commitment to the Youth Authority of any person convicted of a serious felony when he or she was 18 years of age or older at the time of the offense, applies to defendant, who was previously convicted of a serious felony committed when he was 18, but who stands convicted of a nonserious felony in the instant proceeding. For the reasons set forth below, we conclude it does not.

Factual and Procedural Background

In January 1985, defendant, aged 19, broke into a school in Livermore, was apprehended and charged with…