In re David T.
Following a contested jurisdictional hearing, the juvenile court sustained a subsequent petition alleging the 17 year old minor David T. was within the provisions of Welfare and Institutions Code section 602. The petition contained allegations he had committed a forcible lewd act against a child under the age of 14, forcible rape, attempted penetration with a foreign object, assault with intent to commit rape, petty theft, false imprisonment by force or menace, and forcible rape in concert. The court committed the minor to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, for a maximum confinement period of nine years, not to exceed the age of 25.
On appeal, the minor contends: (1) statements were admitted against him in violation of Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694]; (2) assault with intent to commit rape, forcible rape, and false imprisonment are lesser included offenses of rape in concert; and (3) the commitment order incorrectly states the maximum confinement period.
Court reverse the findings sustaining assault with intent to commit rape and forcible rape, order the juvenile court to correct the commitment order, and otherwise affirm the judgment.
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