Fare v. Wayne H.

Opinion

RICHARDSON, J.

— The defendant appeals from judgment declaring him a ward of the juvenile court and committing him to the Youth Authority. (Welf. & Inst. Code, § 602; all statutory references are to that code unless otherwise indicated.) The wardship adjudication is based on a finding that he committed armed robbery. (Pen. Code, § 211.) We will uphold the defendant’s contention that his incriminating statement to a probation officer was improperly admitted as substantive evidence of guilt.

Near 9 p.m. on November 23, 1976, a black male brandishing a pistol robbed a Lemer gas station in…