In Re Johnson

JAMES, J.

Habeas corpus.

Petitioner seeks to secure his discharge from the custody of the sheriff of Los Angeles County. In July, 1916, petitioner was convicted before a jury of the crime of grand larceny. The court determined his age at that time to be nineteen years, and that he was a fit subject for commitment to the Preston School of Industry.

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The following judgment was then entered: “It is ordered that the said Leslie J ohnson be and he is hereby committed to the said Preston School of Industry, at lone, California, until he reaches the age of twenty-one years, unless sooner discharged by law, provided, however, the said minor is not to be released or discharged except by order of this court, first had and obtained, but to be returned to court upon attaining majority.” On January 6, 1918, the authorities at the school of industry to which petitioner was committed gave him an honorable discharge, certificate of which has been here exhibited. Thereafter, upon petitioner’s return to Los Angeles County, he was rearrested, the court assuming jurisdiction on the ground that such jurisdiction had been retained under the commitment theretofore issued to the Preston school. Thereafter the court made its order determining that petitioner had violated conditions of his probation, and thereupon sentence was imposed that petitioner be imprisoned in the state prison for not less than one nor more than ten years.

It is first contended that, as petitioner was regularly tried and convicted under an ordinary criminal information, when the court determined that he should be committed to the school of industry it exhausted its right of control of the minor. Under the express terms of the act (Stats. 1889, p. 100; as amended, Stats. 1893, p. 39; as amended, Stats. 1909, p. 964; as amended, Stats. 1915, p. 849), this conclusion would seem to follow. However, counsel for respondent sheriff contends that the juvenile court law permits the superior court in such a case to make probationary commitment, leaving in the court the right to change or modify its judgment at any time during the probationary term. Such undoubtedly is the condition of the law respecting ordinary proceedings under the juvenile act. Acting under the authority of that law, the superior court in proper cases has the right to repose the custody of a minor during the probationary period in the parent or guardian or probation officer, or to commit such minor to a state school. (Stats. 1915, p. 1225.) Section 25 of the act provides that its provisions shall supersede the provisions of the act relating to the Preston School of Industry as to the “mode of commitments” to that institution. However, there is another provision important to be considered, and that is found in section 9 of the same law. It is as follows: “Any order made by the court in case of any person subject to the jurisdiction