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eBook details

• Title: In Re Ralph
• Author : Supreme Court Of California
• Release Date : January 02, 1946
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Edsel G. Ralph, petitioner herein, in two consolidated cases pleaded guilty to charges of committing robbery while armed with a deadly weapon. Thereupon the court "Upon a statement of facts and by stipulation of counsel" found the crimes to be robberies of the first degree; denied defendant's application for probation as well as his motion, made under the provisions of the Youth Authority Act (Welf. & Inst. Code, §§ 1700-1783), to be certified to the Youth Authority pursuant to the terms of section 1731.5 of the act; arraigned defendant for judgment; pronounced judgment; sentenced defendant to imprisonment in the state prison for the term prescribed by law (Pen. Code, § 1168) and committed him to the custody of the prison warden. From the judgment of conviction and sentence against him defendant appealed, advancing as his sole contention that the trial court erred in refusing to commit him to the Youth Authority and in committing him directly to the custody of the warden of the state prison. He did not attack the judgment adjudicating his guilt of the charges of robbery and that the offenses were robberies of the first degree, or the sentence to imprisonment for the indeterminate term prescribed by law, except as such sentence specifically prescribed incarceration in the state prison in the custody of the warden instead of commitment to the custody of the Youth Authority. In other words, his whole contention on the appeal related not to the legality of the judgment of conviction or to the sentence of imprisonment as such but only to the identity of the penal authority into whose custody he should be committed. On the judgment and sentence to imprisonment he sought commitment to the custody of the Youth Authority instead of to the warden of the prison. This court, concluding that a liberal interpretation of the Youth Authority Act, as intended by the Legislature (Welf. & Inst. Code, § 1700), required that defendant's contention be sustained, on July 21, 1944, reversed the judgment of commitment to the state prison only and remanded the cause to the trial court, with directions to grant defendant's motion for certification to the Youth Authority.

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