Botka

Walter M. appeals from a judgment of wardship after the juvenile court found that he had committed murder (Pen. Code, § 187). The issue is presented whether a juvenile is entitled, as a matter of right, to an advisoiy jury. We hold that he is not.

Rodney Hampton, who was unarmed, was shot and killed by appellant in a confused fracas concerning the double-parking of an automobile in the Hunters Point area of San Francisco. The shooting was described at the jurisdictional hearing by three eyewitnesses. Appellant himself testified, admitting that he shot the victim. He claimed to have been acting in self-defense, but he admitted that the victim had been standing some distance away and that no weapon had been seen in the victim’s possession.

*177 Appellant contends, citing People v. Superior Court (Carl W.) (1975) 15 Cal.3d 271 [ 124 Cal.Rptr. 47 , 539 P.2d 807 ], that it was an abuse of discretion for the court to withhold impaneling an advisory jury. In Carl W., the California Supreme Court held that it was permissible for the juvenile court to impanel an advisoiy jury to aid at a jurisdictional hearing (citing Welf. & Inst. Code, § 680). But that was not a holding that a…