In Re Geneva C.

INTRODUCTION

Appellant Geneva C. appeals from an order of the juvenile court finding her to be a ward of the court and committing her to camp for the maximum term of confinement. Appellant contends that Welfare and Institutions Code section 731, subdivision (b), vests the juvenile court with discretion to commit a minor to camp for less than the maximum term to which an adult offender could be sentenced. We conclude that both the plain language and legislative history of section 731, subdivision (b), demonstrate that the statute provides discretion only when the minor is committed to the California Youth Authority (CYA) and to no other institution within the juvenile court’s jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant was the subject of two petitions alleging that she was a minor who fell within the provisions of section 602. The first petition alleged that she possessed marijuana for sale (Health & Saf. Code, § 11359); the second, that she committed second degree robbery and assault by means of force likely to produce great bodily injury. (Pen. Code, §§ 211, 245, subd. (a)(1).) The juvenile court sustained both petitions, declared her a ward of the…