In Re Michael D.

In a petition dated December 12, 1988, it was alleged minor came under the provisions of Welfare and Institutions Code section 602 because he escaped while in the custody of the Orange County probation officer on “home confinement.” (Welf. & Inst. Code, § 871.) The petition was sustained after a court trial. Thereafter, on January 19, 1989, a subsequent petition was filed charging minor with two counts of felony assault by means of force likely to produce great bodily injury (Pen. Code, §245, subd. (a)(1)).

In a negotiated plea and disposition the trial court amended the January 19, 1989, petition to add misdemeanor assault and battery charges (Pen. Code, §§ 240, 242), and dismissed the felony assault charges. Minor admitted the misdemeanor assault and battery charges. He waived his right to be sentenced before the commissioner who presided at the trial on the escape charge, and a disposition agreement was filed. Pursuant to that agreement, minor was continued as a ward of the juvenile court on condition he serve 180 days in custody, with credit for 51 days already served, and he was ordered to abide by certain specified conditions of probation.

On this appeal the minor…