In Re Asean D.

The minor, Asean D., admitted two allegations of robbery (Pen. Code, § 211) and one allegation of the unlawful taking or driving of a vehicle (Veh. Code, § 10851). On this appeal, he argues that the trial court violated Penal Code section 654 by employing consecutive terms for the second robbery and the vehicle taking in computing the maximum term of confinement pursuant to Welfare and Institutions Code section 726. He also asserts that the trial court erred in recommitting him to the Youth Authority after that agency initially rejected him as unsuitable. We agree in part with his arguments concerning the maximum term of confinement, but otherwise affirm the judgment.

Statement of Facts

As the minor admitted the allegations, as discussed below, the facts are but skimpily set forth in the record. According to the probation report, which was based on the police report, the minor and two companions broke into an occupied van in a parking lot. They dragged out the mále victim, and one of the three kicked him in the face. Asean D. himself was identified as having been in possession of a handgun, which he used to threaten the female victim. The female was also knocked to the…