In Re Tracy L.

Tracy L., a minor, appeals from a judgment continuing his status as a ward of the court, pursuant to Welfare and Institutions Code section 602. He also files a petition for a writ of habeas corpus seeking to vacate the judgment below and for the dismissal of the section 602 petition leading to that judgment. We affirm the judgment and deny the habeas corpus petition.

1. Background

Appellant first became a ward of the court at the age of 10 following a section 602 petition charging him with 3 misdemeanors (petty theft, receiving stolen property, and battery). Since then, appellant has pursued a path of delinquent activities, including more petty thefts, vandalizing property, disturbing the peace, possession of cocaine for sale, resisting a public officer, and theft of a motorcycle.

On September 25,1990, the instant section 602 petition was filed charging appellant with two felony counts of forcible rape (Pen. Code, § 261, subd. (a)(2)). The court sustained the petition on both counts.

At the dispositional hearing on November 26, 1990, the court committed appellant to the California Youth Authority (hereafter, Youth Authority) for a maximum period of 13 years and 9…