P v. ANTOINE — Fear Not Law

<h1>P v. ANTOINE</h1> Filed 3/28/06 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION THREE <table border="0" cellspacing="0" cellpadding="0"> <tr> <td width="319" valign="top"> In re ANTOINE D., a Person Coming Under the Juvenile Court Law. </td> <td width="319" valign="top"> </td> </tr> <tr> <td width="319" valign="top"> THE PEOPLE, Plaintiff and Respondent, v. ANTOINE D., Defendant and Appellant. </td> <td width="319" valign="top"> A110521 (San Francisco County Super. Ct. No. JW006127) </td> </tr> </table> Appellant Antoine D., a ward of the juvenile court, moved to <a href="http://www.sandiegohealthdirectory.com/">modify</a> his commitment to the California Youth Authority (CYA) under Welfare and Institutions Code sections 778 and 779.<a href="#_ftn1" name="_ftnref1">[1]</a> The juvenile court denied the motion based on concern that it would lose jurisdiction over appellant were it to modify his CYA commitment. On appeal, appellant claims the juvenile court's ruling was an abuse of discretion because: (1) the court would not have lost jurisdiction by granting the motion, and (2) in any event, loss of jurisdiction was an improper basis for denying the motion. We reverse. FACTUAL AND PROCEDURAL BACKGROUND On March 3, 2002, appellant, then 17 years old, approached victim Adalvero Roman as he was <a href="http://www.mcmillanlaw.us/">driving into a parking space</a> on an unlit block of Beaver Street, near Market Street in San Francisco. Holding what appeared to be a gun in his right hand, appellant ordered Roman out of the vehicle and to turn over his wallet. Appellant took about $26 from Roman's wallet and told him to â€