Avila

BLEASE, Acting P.J.

Defendant was convicted by a jury of the offenses of conspiracy to commit second degree murder (Pen. Code, §§ 182, 187, 189), kidnaping for the purpose of robbery (Pen. Code, § 209, subd. (b)), and two counts of robbery (Pen. Code, § 211). The jury also found that defendant personally used a dangerous weapon in the commission of the kidnaping and in one of the two robberies. (Pen. Code, § 12022, subd. (b).) The trial court committed him to the California Youth Authority (CYA) for the conspiracy offense, struck the weapon enhancements and stayed the sentences for the remaining offenses. (Pen. Code, § 654.) CYA declined to accept defendant on the sole ground his conviction of kidnaping for robbery disqualified him under Welfare and Institutions Code section 1731.5. He was then returned to the trial court which set aside the judgment and sentenced him to the state prison for the kidnaping offense. He appeals contending he was eligible for commitment to CYA. We agree and direct reinstatement of the CYA commitment.

Defendant, at the age of 20, came to Sacramento on March 23, 1980, in a pickup truck at the behest of a new-found friend, Humberto Martinez.…