In Re Antoine D.
People v. Antoine D.
Opinion
Opinion
Parrilli, J.
Appellant Antoine D., a ward of the juvenile court, moved to modify his commitment to the California Youth Authority (CYA) under Welfare and Institutions Code sections 778 and 779. The juvenile court denied the motion based on concern that it would lose jurisdiction over appellant were it to modify his CYA commitment. On appeal, appellant claims the juvenile court’s ruling was an abuse of discretion because: (1) the court would riot have lost jurisdiction by granting the motion, and (2) in any event, loss of jurisdiction was an improper basis for denying the motion. We reverse.
FACTUAL AND PROCEDURAL BACKGROUND
On March 3, 2002, appellant, then 17 years old, approached victim Adalvero Roman as he was driving into a parking space on an unlit block of Beaver Street, near Market Street in San Francisco. Holding what appeared to be a gun in his right hand, appellant ordered Roman out of the vehicle and to turn over his wallet. Appellant took about $26 from Roman’s wallet and told him to “[w]alk that way and don’t turn around or I’ll blast your head off.” He then drove off in Roman’s vehicle, where police found and arrested him about 15 minutes later. Roman later identified…