In Re Domanic B.

Appellant Domanic B. contends the juvenile court acted improperly when it ordered that he receive a stayed commitment to the California Youth Authority (CYA), as in effect a condition of probation. There is a conflict in our district on this point. Certain dicta contained in a decision of Division Two, In re Ronnie P. (1992) 10 Cal.App.4th 1079, 1089-1090 [ 12 Cal.Rptr.2d 875 ], apparently cast doubt on the propriety of the imposition of a suspended or stayed CYA term. However, more recently Division One has criticized and parted company with the Ronnie P. dicta. (In re Kazuo G. (1994) 22 Cal.App.4th 1, 7-11 [ 27 Cal.Rptr.2d 155 ].) We agree with Division One. We hold in the published portion of this opinion that a juvenile court may impose a stayed or suspended CYA commitment, provided the general procedural requirements of Welfare and Institutions Code section 777, the filing of a supplemental petition and a noticed hearing thereon, are followed before the stay is lifted. We, therefore, affirm the orders of the juvenile court.

I. Facts and Procedural History

Appellant was charged with and admitted that he had escaped from previous custody at Los Cerros Ranch (Los…