In re J.Q. CA6

Filed 3/7/14 In re J.Q. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re J.Q., a Person Coming Under the H039905 Juvenile Court Law. (Santa Clara County Super. Ct. No. JV38769)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.Q.,

Defendant and Appellant.

J.Q. appeals after the juvenile court sustained a petition alleging that he possessed a weapon on school grounds (Pen. Code, § 626.10, subd. (a)(1)). J.Q.’s sole contention on appeal is that the juvenile court erred when it failed to expressly state on the record whether the offense was a felony or a misdemeanor pursuant to Welfare and Institutions Code section 702.1 We agree and will order the matter remanded for the limited purpose of declaring on the record whether J.Q.’s offense was a felony or misdemeanor.

1 Further unspecified statutory references are to the Welfare and Institutions Code.

FACTUAL AND PROCEDURAL BACKGROUND2 On February 11, 2013, the Santa Clara County District Attorney’s Office filed a juvenile wardship petition (§ 602) alleging that J.Q. possessed a weapon on school grounds (Pen. Code, § 626.10, subd. (a)(1)). The petition specified that the offense was a felony and was one of six wardship petitions filed against J.Q. between June 11, 2011 and May 6, 2013. On March 22, 2013, J.Q. filed a motion to suppress the knife he was alleged to have possessed on school grounds, which was denied by the juvenile court on March 28, 2013. After the court’s denial of his motion to suppress, J.Q. admitted the allegation of the violation of Penal Code section 626.10, subdivision (a)(1) as true. In the court’s findings and orders following the hearing, the violation was listed as a felony. Directly underneath the listing, the court checked a box that stated that “[t]he court has considered whether the above offense(s) should be felonies or misdemeanors.” A dispositional hearing was held on June 13, 2013, on J.Q.’s other sustained petitions. In the dispositional order, the court handwrote the phrase “Ct. 1 PC 626.10(a)(1)--Felony--pet. C” underneath a statement that read, “The court previously sustained the following counts. Any charges which may be considered a misdemeanor or a felony for which the court has not previously specified the level of offense are now determined to be as follows.” J.Q. was continued as a ward of the court and was placed on 30 days of electronic monitoring. He was also ordered to participate in the encouraging diversity, growth and education program. J.Q. filed a timely notice of appeal.