In re Clayton I. CA3

Filed 7/11/13 In re Clayton I. CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re CLAYTON I., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, C071894

Plaintiff and Respondent, (Super. Ct. No. JV133773)

v.

CLAYTON I.,

Defendant and Appellant.

The minor, Clayton I., appeals from a dispositional order adjudicating him a ward of the court after he admitted allegations he made criminal threats (Pen. Code, § 422). He contends on appeal that the matter must be remanded to the juvenile court to exercise its discretion to declare whether the offense constituted a felony or a misdemeanor. The

1

People agree. We reverse and remand for the trial court to exercise its discretion and otherwise affirm the adjudication.

FACTS AND PROCEEDINGS According to the probation report, the 12-year-old minor became angry with his mother, grabbed two butcher knives, and came at her, yelling “I’m going to kill you, fucking bitch.” After the mother fought off the minor and escaped injury, the minor ran to his school, where he tried to assault the school principal. The minor was charged in an amended wardship petition with three felony counts of assault with a deadly weapon, one felony count of making criminal threats, one felony count of possessing knifes on school grounds and one misdemeanor vandalism charge. Pursuant to negotiations, the minor ultimately admitted the allegation he “did commit a felony, a violation of Section 422 of the Penal Code in that said minor did willfully and unlawfully threaten to commit a crime . . . .” Prior to accepting the minor’s admission, the trial court informed him that the maximum possible period of confinement was three years. The juvenile court then dismissed the remaining charges, and proceeded immediately to disposition. The minor was made a ward of the court and placed on probation subject to (among others) being put in a suitable placement.