In Re Jesse L.

On May 9, 1989, a petition was filed in the Fresno County Superior Court alleging appellant, Jesse L., a minor, came within Welfare and Institutions Code section 602 in that the minor had committed two acts which, if committed by an adult, would constitute felonies. It was alleged in count I that on or about May 3, 1989, appellant committed arson by the burning of a structure known as Roosevelt High School in violation of Penal Code section 451, subdivision (c), causing in excess of $100,000 in damage as provided in section 12022.6, subdivision (b). Count II alleged appellant had participated in a criminal street gang on that date in violation of section 186.22.

At the detention hearing the juvenile court found that a prima facie case had been made and ordered a further hearing.

On June 7, 1989, the adjudication hearing commenced at which time the prosecution’s motion to dismiss count II was granted. On June 12, 1989, the juvenile court found the remaining allegations of the petition to be true.

On July 10, 1989, appellant was adjudged a ward of the court and committed to the California Youth Authority (CYA). The maximum sentence, if sentenced as an adult, was…