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Name: People v. Antonio F.
Case #: G028532
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/30/2002
Subsequent History: None
Summary

Appellant, a minor who had been committed to a juvenile facility, was on a working field trip to “Kidseum” with his probation counselor and 11 other wards. During a trip to the men’s room, he found a door to the parking lot, and left. He was tried for a violation of Welfare and Institutions Code section 871, which prohibits escape from a juvenile facility, or during transportation to and from that place. Despite the fact that he was neither in a juvenile facility or being transported from one when he walked away, the juvenile court found the petition true. Here, the appellate court reversed the judgment. The Attorney General’s position – that the statute covers escape from anywhere after a minor has been committed to a juvenile facility – would render the transportation section of the statute surplusage. If the Legislature wishes to “plug the hole” demonstrated here, they can do so.