In Re Eugene R.

Eugene R. appeals from a dispositional order of the juvenile court continuing his status as a ward (Welf. & Inst. Code, § 602; all references are to the Welfare and Institutions Code unless otherwise indicated) and committing him to the California Youth Authority (CYA). We conclude the juvenile court was without jurisdiction to modify on its own motion its original dispositional order. We reverse the modified dispositional order and direct the juvenile court to reinstate the original order. We also decide that (1) although a current social study must be prepared before every dispositional hearing unless waived, Eugene did not suffer any prejudice; (2) the juvenile court did not abuse its discretion in committing him to CYA; (3) the juvenile court erred in failing to set the maximum term for felony vehicle theft; (4) the juvenile court did not otherwise err in aggregating on his prior offenses; and (5) he is entitled to presentence behavioral credit similar to that which an adult would receive.

Factual and Procedural Background

On March 23, 1979, a section 602 petition was filed alleging in count one that Eugene, on March 22, 1979, unlawfully committed an assault on…