People v. Nancy C.

Opinion

ROBIE, J.

In the Yolo County Juvenile Court, Nancy C., 14 years of age, admitted a felony charge of unlawfully taking a vehicle (Veh. Code, § 10851, subd. (a)) in exchange for the dismissal of a charge of obstructing a peace officer in the performance of the officer’s duties. The matter was then transferred to Sacramento County, the residence of the minor’s mother, for disposition.

The Sacramento County Juvenile Court, having accepted the transfer, declared the minor a ward of the court, found her maximum period of confinement to be three years, and ordered her committed to the Youth Center and then to the custody of her mother. Over the minor’s objection, the court also ordered the minor to provide samples for the DNA data bank in accordance with Penal Code

1

section 296.

On appeal, the minor argues: (1) remand is required because the juvenile court failed to declare whether the violation of Vehicle Code section 10851, subdivision (a), a wobbler, was a felony or misdemeanor; (2) we should stay the court’s order requiring the minor to provide DNA samples pending the court’s determination of the felony/misdemeanor status of her offense; and (3) she is entitled to an additional nine days of custody credit.

DISCUSSION

I

*

Designation of a Felony or Misdemeanor

[511]

II

DNA Sample Requirement

The minor requests that we stay the juvenile court’s order requiring her to give body samples for the DNA data bank pending the juvenile court’s determination of whether her offense was a misdemeanor or felony. We should do so, she argues, because the statute under which the samples were ordered, section 296, subdivision (a)(1) (hereafter section 296(a)(1)), does not apply to misdemeanors.