In Re Benny G.

Benny G., a minor, appeals from a juvenile court order recommitting him to the California Youth Authority (Welf. & Inst. Code, § 602) upon a finding that he had been an accessory to robbery. (Pen. Code, § 32.) The appeal lies. (Welf. & Inst. Code, § 800.) Prior to the making of the order under appeal the juvenile court had found as not true the allegation that appellant had committed the armed robbery. (Pen. Code, § 211a.)

Appellant urges several grounds for reversal. Disposition of his case, however, requires that we consider only one of those grounds. Appellant contends that he was subject to multiple prosecutions in violation of Penal Code section 654. We agree and reverse.

Facts

On April 7, 1971 a probation officer filed a petition in the juvenile court of Santa Barbara County alleging that appellant had committed armed robbery. (Pen. Code, § 211a.) On April 8 the court ordered him detained in custody where he has remained throughout the subsequent proceedings. A hearing on the petition was set for April 21. (Welf. & Inst. Code, § 602.) Late in the afternoon of April 20, the day before the hearing, the same probation officer filed an amended petition to include an…