People v. Carl B

In People v. Carl B. (1979) 24 Cal.3d 212, the defendant, 17 years old, had been found not a fit and proper subject and, following initiation of adult criminal proceedings, had pleaded guilty to robbery. Subsequently, he had been referred, pursuant to section 707.2, to the Youth Authority under a 90-day commitment for its determination as to which of the state facilities would best meet his needs. Following the 90-day commitment, the Youth Authority issued its report finding the defendant was amenable to Youth Authority programs. The report was based on interviews and testing of the defendant by the Youth Authority's psychiatric consultant and clinical psychologist, and the defendant's probation officer, in a supplemental probation report, concurred with the Youth Authority's evaluation. The court nevertheless ordered the defendant committed to state prison. The Supreme Court, in reversing the judgment, noted that the defendant's probation officer, the psychiatric consultant, the clinical psychologist and the Youth Authority itself each concluded that the defendant was a suitable subject for commitment to the Youth Authority. The Supreme Court held that the "unanimous opinion of these persons who have studied defendant should be given great weight."