In Re Babak S.

I.

Babak S., a minor, appeals from an order committing him to the California Youth Authority after the juvenile court sustained a petition filed pursuant to Welfare and Institutions Code section 777, alleging that the minor had violated the conditions of his probation by living in the United States with his parents, and by associating with a known probationer or gang member. On appeal, the minor contends the order must be reversed because (1) the former allegation was premised upon an unconstitutional probation condition banishing him to Iran; (2) he was not under order to refrain from associating with probationers or gang members; (3) assuming he was under such order, there was insufficient evidence to sustain the allegation; (4) reconsideration of the probationer/gang allegation is prohibited by principles of double jeopardy; and (5) the juvenile court was without authority to impose a suspended Youth Authority commitment. For reasons explained below, we find the first and last contentions to be meritorious. Accordingly, we reverse the dispositional order and remand for further proceedings.

II. Background

Babak first became a ward of the juvenile court in 1989 when…