In Re Gustavo M.

Gustavo M., a minor placed at the California Youth Authority (hereafter, CYA) for a maximum term of six years, appeals from the judgment of the San Benito County Juvenile Court declaring him a ward of the court pursuant to Welfare and Institutions Code section 602, on the finding that he had committed the offenses of assault with intent to commit rape (Pen. Code, § 220) and sexual battery (Pen. Code, § 243.4).

We affirm the order committing appellant to the CYA and remand for proceedings consistent with this opinion.

Facts

On December 22, 1986, 28-year-old Karen C. was alone at the Hollister Community Center around 8 p.m., locking up after her dance-exercise class had finished. A karate class held in an adjacent room had ended earlier and everyone had apparently gone home. However, as she checked the room before turning on the alarm system, she saw a young male behind a partition. She gave him a look as if to say, “leave,” and he walked toward the door, but then turned and came toward her. They struggled briefly, then he applied a wrestling hold known as a “takedown,” and they landed on the floor. Karen was five feet one inch and 118 pounds; the young man was about…