In Re Maurice H.

Maurice H. appeals his commitment to the California Youth Authority (CYA) after the juvenile court found he is a person described in Welfare and Institutions Code section 602 on the basis of its adjudicating two supplemental petitions in a single hearing. Maurice was found to have committed trespass on November 9, 1978 (Pen. Code, § 602, subd. (j)), the subject of the first petition filed November 13, 1978. He was also found to have committed second degree burglary, a felony (§§ 459, 461, subd. 2), and automobile theft (Veh. Code, § 10851), but not receiving stolen property (§ 496, subd. 1) on September 7, 1978, the subjects of the second petition filed on November 21, 1978.

The court aggregated the terms of commitment to the CYA imposing a total of three years and two months. It imposed two years for the felony second degree burglary (punishable by sixteen months, two or three years, §§ 18, 461, subd. 2), eight months for the felony auto theft (one-third the middle terms of two years, §§ 18, 1170.1, subd. (a), Veh. Code, § 10851), and six months for the misdemeanor trespass (§§ 19, 602, subd. (j)). It also credited Maurice with 35 days presentence custody time.

During…