In re A.V. CA5

Filed 11/6/24 In re A.V. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re A.V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F087257

Plaintiff and Respondent, (Super. Ct. No. 20CEJ600369-3A)

v. OPINION A.V.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Virna L. Santos, Judge. Linda K. Harvie, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Louis M. Vasquez and Jesica Y. Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Meehan, J. and Snauffer, J.

The juvenile court sustained a juvenile wardship petition under Welfare and Institutions Code section 6021 alleging A.V. committed assault with a firearm (Pen. Code, § 245, subd. (a)(2)). A.V. was adjudged a ward and placed under the supervision of the probation department. On appeal, A.V. argues the matter must be remanded because the juvenile court failed to expressly declare whether the sole wobbler offense was found to be a felony or a misdemeanor. The People concede the court failed to make an express declaration as to its choice to treat the offense as a felony or misdemeanor but argue remand is unwarranted because the error was harmless. We reverse the dispositional order and remand the matter for the juvenile court to expressly declare whether the offense is a misdemeanor or felony. PROCEDURAL SUMMARY On April 13, 2023, the Fresno County District Attorney filed a juvenile wardship petition under section 602 alleging A.V. committed felony assault with a firearm (Pen. Code, § 245, subd. (a)(2)) on an “unknown” person. A.V. denied the allegation and the matter proceeded to a contested jurisdictional hearing. The juvenile court found the allegation to be true and sustained the petition. The probation officer filed a report indicating the petition was found true as a felony and identifying the potential period of confinement as four years. At the disposition hearing on October 16, 2023, the juvenile court adjudged A.V. a ward and placed him under the supervision of the probation department until October 16, 2024.2 The minute order from the disposition hearing indicates the offense is a felony. The court ordered A.V. committed for 15 days in the juvenile justice center, 50 hours of