In Re Anthony H.

A petition was filed October 31, 1979, alleging that the minor appellant was a person described in Welfare and Institutions Code section 602, in that he had committed a robbery (Pen. Code, § 211) while using a deadly or dangerous weapon, a knife (Pen. Code, § 12022, subd. (b)). A supplemental petition alleged that he was already a ward of the court and advised him that his placement might be changed.

At a hearing before a referee the petitions were sustained by a finding of the lesser offense of attempted robbery with a knife. Wardship was redeclared and appellant was committed to the Youth Authority for a period not to exceed 42 months consisting of 30 months for the attempted robbery and 12 months enhancement for the weapon use.

An application for rehearing was denied by the superior court and this appeal followed.

On October 30, 1979, David Shuler, a visitor to San Francisco, was walking down Turk Street reading a map, in an effort to locate Market Street. Appellant, sitting on a railing with two other persons, loudly told Shuler to “come here.” Shuler turned away and hastened his walking, but appellant stepped in front of him, blocking his path, and told him to…