In Re Gregory S.

The minor, Gregory S., appeals from orders adjudicating him a ward of the court under Welfare and Institutions Code section 602, and committing him to the Youth Authority.

Pending disposition of earlier adjudications in which Gregory was found to have violated Penal Code sections 242 (battery) and 148 (resisting arrest), both misdemeanors, a petition was filed on October 18, 1977, charging him with kidnaping for the purpose of robbery (Pen. Code, § 209), assault with a deadly weapon (Pen. Code, § 245, subd. (a)), robbery (Pen. Code, § 211), and auto theft (Veh. Code, § 10851). On October 21st another petition was filed charging him with robbery (Pen. Code, § 211), burglary of a residence (Pen. Code, § 459), and burglary of a motor vehicle (Pen. Code, § 459). On October 24th and on November 4th, two more petitions were filed charging him with seven more burglaries (Pen. Code, § 459).

Following the jurisdictional hearing on the offenses charged in the October 18th petition, the court found the first three charges of the petition, kidnaping for the purpose of robbery, assault with a deadly *210 weapon, and robbery to be true 1 and that the latter two offenses merged with…

I concur in the result only. Our Supreme Court has declined to provide effective guidance to the juvenile court as to when to commit a youth who has engaged in acts of violence to the Youth Authority. (See In re John H. (1978) 21 Cal.3d 18 [ 145 Cal.Rptr. 357 , 577 P.2d 177 ].) 1 In the absence of such guidance, I cannot say that discretion has been abused. The legislative scheme, together with the lack of judicial guidance, has placed on the juvenile court a task impossible of performance.

We deal with a youngster who, at the time of the hearing, was 13 years old and weighed 95 pounds.

The statute declares that such a youngster cannot be committed to the Youth Authority without a finding on the part of the juvenile court that the incarceration is in the boy’s best interest. (Welf. & Inst. Code, § 734.) 2 The trial court has thus ruled that the minor will be benefited by such incarceration. The statute places the juvenile court in a position of deciding that it is in the best interest of a 13 year old to be incarcerated with older, criminally prone, juveniles in a setting where physical assaults, including sexual attacks, are all too common. How can this be?

The statutory…

The minor, Gregory S., appeals from orders adjudicating him a ward of the court under Welfare and Institutions Code section 602, and committing him to the Youth Authority.

Pending disposition of earlier adjudications in which Gregory was found to have violated Penal Code sections 242 (battery) and 148 (resisting arrest), both misdemeanors, a petition was filed on October 18, 1977, charging him with kidnaping for the purpose of robbery (Pen. Code, § 209), assault with a deadly weapon (Pen. Code, § 245, subd. (a)), robbery (Pen. Code, § 211), and auto theft (Veh. Code, § 10851). On October 21st another petition was filed charging him with robbery (Pen. Code, § 211), burglary of a residence (Pen. Code, § 459), and burglary of a motor vehicle (Pen. Code, § 459). On October 24th and on November 4th, two more petitions were filed charging him with seven more burglaries (Pen. Code, § 459).

Following the jurisdictional hearing on the offenses charged in the October 18th petition, the court found the first three charges of the petition, kidnaping for the purpose of robbery, assault with a deadly weapon, and robbery to be true [1] and that the latter two offenses…