Breed

The Director of the Department of the Youth Authority has sought a writ of prohibition to restrain the respondent superior court, hereinafter referred to as the juvenile court, from enforcing an order which continued real party in interest, then 18, now 19, under an earlier commitment to the Youth Authority and released him from custody pending a further hearing. The director also seeks a writ of mandate compelling the juvenile court to set aside that order.

The subject of the order, who was born August 20, 1957, was last committed to the Youth Authority on July 29, 1975, when he was 17 years of age. His commitment followed a finding that he violated Penal Code section 417, two counts, and section 148, as a result of an incident on July 6, 1975, when he was arrested and charged with brandishing a knife at two women, resisting arrest, assault and disturbing the peace.

The director by letter dated October 20, 1975, ordered the youth returned to court pursuant to the provisions of section 1737.1 of the Welfare and Institutions Code. On October 23, 1975, he was received by probation authorities in the committing jurisdiction and transferred to the county hospital for a…