In re D.J. CA4/2

California Court of Appeal Aug 29, 2013 No. E057587Unpublished

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Holding. The juvenile court erred by failing to make a mandatory express declaration on the record as to whether the offenses were felonies or misdemeanors, requiring a remand for the court to exercise its discretion.

Issues

Whether the juvenile court failed to comply with Welfare and Institutions Code section 702 by not declaring whether the 'wobbler' offenses were felonies or misdemeanors.

Disposition. Affirmed and remanded with directions.

Quotations verified verbatim against the opinion

“Welfare and Institutions Code section 702 requires the juvenile court to expressly declare on the record whether an offense, which may be treated either as a felony or as a misdemeanor (a “wobbler”), is in fact to be treated as a felony or as a misdemeanor.”

“The juvenile court’s duty to make the declaration affirmatively on the record is mandatory, and not merely directory.”

“The matter is remanded to the juvenile court for an express declaration, in exercise of its discretion, whether minor’s commission of the allegations in counts 1 and 2 should be deemed felonies or misdemeanors.”

Filed 8/29/13 In re D.J. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re D.J., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, E057587 Plaintiff and Respondent, (Super.Ct.No. J239933) v. OPINION D.J.,

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Brian Saunders,

Judge. Affirmed and remanded with directions.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Andrew Mestman and Steve

Oetting, Deputy Attorneys General, for Plaintiff and Respondent.

The juvenile court found true that defendant and appellant D.J. (minor) committed

an assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1), count 1) and possessed a

weapon, to wit, a knife with a blade longer than two and one-half inches or with a locking

blade, on school grounds (Pen. Code, § 626.10, subd. (a)(1), count 2) as alleged in a

Welfare and Institutions Code section 602 petition. Minor was thereafter continued as a

ward of the court, removed from parental custody, and placed in a foster care facility.

In re D.J. CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

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FACTUAL BACKGROUND

DISCUSSION

III

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

KING J.

CODRINGTON J.

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