In Re Robert S.

Robert S. appeals from a dispositional order of the juvenile court continuing his status as a ward (Welf. & Inst. Code, §§ 602, 725) and committing him to the California Youth Authority (CYA). On appeal the minor’s principal contention is that the court improperly considered previously sustained section 602 petitions in setting the maximum permissible term of physical confinement under the CYA commitment.

Robert was a ward of the court pursuant to section 602 at the time the underlying petition was filed. That petition therefore seeks to continue Robert’s wardship; it alleges two counts of tampering with a vehicle (Veh. Code, § 10852). Violation of Vehicle Code section 10852 is a misdemean- or. At the jurisdictional hearing the juvenile court sustained the petition, finding that Robert had committed both charged offenses.

A probation officer’s report, prepared a week before the jurisdictional hearing, contained a list of prior juvenile petitions filed against Robert; latest among them was a. petition alleging commission of four counts of burglary (Pen. Code, § 459) and four counts of receiving stolen property (Pen. Code, § 496). Apparently, the petition had been…