In Re Jose R.

Jose R., a minor, appeals from an order of the superior court continuing him as a ward of the juvenile court and committing him to the California Youth Authority for a maximum term of five years ten months. He contends that the court erred in failing to make an express finding of “probable benefit” to the minor of a Youth Authority commitment pursuant to Welfare and Institutions Code section 734. He further contends that there is no substantial evidence in the record to support a finding of probable benefit.

Appellant was found to have committed a robbery, to have been intoxicated in public and to have obstructed a peace officer in the performance of his duties. At the dispositional hearing on August 5, 1981, appellant admitted an additional allegation of possession of stolen property and was committed to the Youth Authority. No express finding of probable benefit to the minor was made by the court in ordering the Youth Authority commitment. Rather, the court stated: “Okay, Jose, because we’ve tried almost everything else, including the boy’s ranch where you escaped from and you continue to get yourself involved in criminal activity, and then a much more serious crime,…