Lo

The People appeal an order returning Ryan Lo to the California Youth Authority (CYA) after its Youthful Offenders Parole Board (the board) found him an inappropriate candidate for CYA treatment and returned him for resentencing under Welfare and Institutions Code section 1737.1. The court previously committed Lo to CYA following his conviction for first degree murder. In response to CYA’s return of Lo, the sentencing court sent him back, over the People’s objection. The People contend the court was without authority to do anything but one of the two enumerated alternatives in the statute, neither of which permits a return. We agree and reverse.

Facts

Seventeen-year-old Ryan Lo was tried by the court—along with one of two confederates—for the heinous, cold-blooded murder of Damian McKenna. Lo lured McKenna to a remote area and shot him twice in the head. Fearing McKenna was not dead, he then smashed McKenna’s head with a rock. Lo, who was in the company of 19-year-old Jonathan Lee Freshour at the time of the crime, committed the acts resulting in the death. He was solicited to commit the crime by 16-year-old Destinni Mardesich, McKenna’s former girlfriend—and mother of…