Parks

Petitioner, honorably discharged from the custody of the California Youth Authority, seeks a writ of mandate ordering the superior court to comply with the provisions of Welfare and Institutions Code section 1772 by setting aside the verdict of guilty and dismissing the information under which petitioner was previously committed to the Youth Authority.

The superior court denied petitioner’s request for relief on the basis of its interpretaton of section 1772 as discretionary. Petitioner contends that the section is mandatory as to one honorably discharged from the Youth Authority and discretionary only insofar as it relates to' those discharged from custody in some other status.

Section 1772 is quoted in full in the margin. In it two classes of minors are described: (a) persons honorably discharged, and (b) every person discharged. As to the former the section states: “Every person honorably discharged from control by the authority . . . [except those who during incarceration have been placed in a state prison] shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which he was committed, ...” (Our italics.) That…