In Re Tino

124 Cal.Rptr.2d 312 (2002) 101 Cal.App.4th 510 In re TINO V., a Person Coming Under the Juvenile Court Law.

The People, Plaintiff and Respondent,

v.

Tino V., Defendant and Appellant.

2d Juv. No. B155183. Court of Appeal, Second District, Division Six.

August 22, 2002. Richard C. Gilman, under appointment by the Court of Appeal, Oxnard, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and Mary Sanchez, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

GILBERT, P.J.

Here we hold Welfare and Institutions Code section 1769, subdivision (b)[1] authorizes [313] California Youth Authority (CYA) commitments to age 25 for juveniles under 16 years who commit an offense listed in section 707, subdivision (b).

At age 14, Tino V. (Tino) committed 2 separate offenses of assault with a deadly weapon. (Pen.Code, § 245, subd. (a)(1).) He appeals the order that extended his commitment to CYA until age 25. We affirm.

FACTS

In 1997 the juvenile court sustained a section 602 petition and found true the allegations that Tino committed two counts of assault with a deadly weapon.[2] Tino was 14 years old when he committed the offenses.

The court placed Tino on probation in the custody of his parents. After he "failed to reform" on probation, the court committed him to CYA for a maximum period of five years and six months. CYA requested the court to determine whether Tino's offenses came within section 707, subdivision (b). Section 707, subdivision (b) lists the offenses for which a minor may be tried as an adult if the minor is 16 years of age or older and not amenable to treatment in the juvenile court. The trial court decided that assault with a deadly weapon is listed in section 707, subdivision (b) and it extended the CYA's jurisdiction over Tino to age 25.