In Re Saul S.

On March 18, 1981, a petition was filed with the juvenile court to adjudicate respondent Saul S. a ward of the court under section 602 of the Welfare and Institutions Code (hereafter juvenile petition). The juvenile petition alleged that respondent had committed robbery (Pen. Code, § 211) and attempted murder (§§ 664/187) of Rose Carolyn Kreisel. It also alleged, based on these offenses, a violation of the court’s previous order releasing respondent on probation. Finally, the petition alleged that respondent intentionally inflicted great bodily injury during the commission of the robbery (§ 12022.7).

After the court found there was a prima facie case, respondent admitted the attempted murder of Kreisel; the other charges were dismissed. The court found respondent was a proper subject to benefit from California Youth Authority treatment and fixed nine years as his maximum term of confinement.

Over two years after respondent admitted the attempted murder (hereafter conviction), Kreisel died from the injury inflicted by respondent. A new juvenile petition was filed alleging that respondent murdered Kreisel (§ 187) through the same acts or occurrence which supported his…