People v. Tino V.

[512]Opinion

GILBERT, P. J. Here we hold Welfare and Institutions Code section 1769, subdivision (b)1 authorizes 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 two 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.

Discussion

Juvenile Commitments to Age 25 for Offenders Under Age 16

In 1982 the Legislature amended the Welfare and Institutions Code to extend both juvenile court jurisdiction and CYA commitments to age 25 for minors who commit serious offenses. (Assem. Bill No. 961, Stats. 1982, ch. 1102, §§ 1-2, pp. 4003-4004.) It added subdivision (b) to section 607 which provides: “The court may retain jurisdiction over any person who is found to be a person described in Section 602 by reason of the commission of any of the offenses listed in subdivision (b) . . . of Section 707 until that person [513]attains the age of 25 years . . . (Italics added.) It also added subdivision (b) to section 1769 which provides: “Every person committed to the Department of the Youth Authority by a juvenile court who has been found to be a person described in Section 602 by reason of the violation of any of the offenses listed in subdivision (b) . . .of Section 707, shall be discharged upon the expiration of a two-year period of control or when the person reaches his or her 25th birthday, whichever occurs later . . . .” (Italics added.)