In re M.C. CA2/3

Filed 8/27/15 In re M.C. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

In re M.C., A Person Coming Under the B259769 Juvenile Court Law. ___________________________________ (Los Angeles County THE PEOPLE, Super. Ct. No. YJ36992)

Plaintiff and Respondent,

v.

M.C.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Catherine J. Pratt and Wayne C. Denton, Temporary Judges. Affirmed in part, reversed in part, and remanded with directions. Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant, M.C. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, and Michael Katz, Deputy Attorney General, for Plaintiff and Respondent.

 (Pursuant to Cal. Const., art. VI, § 21.)

Minor M.C. appeals from the juvenile court’s jurisdictional and dispositional orders after it sustained a delinquency petition on four counts: (1) carrying an 1 unregistered, loaded handgun (Pen. Code, § 25850), a felony; (2) possession of a firearm by a minor (§ 29610), a felony; (3) possession of live ammunition by a minor (§ 29650), a misdemeanor; and (4) resisting or delaying a peace officer (§ 148, subd. (a)(1)), a misdemeanor. He contends—and the People concede—that the juvenile court did not make express findings whether to treat counts one and two as felonies or misdemeanors. We agree and remand for the juvenile court to make the necessary determinations. M.C. also contends that there was insufficient evidence to support the determination that he possessed live ammunition. We agree and reverse the court’s orders as to count three. FACTUAL AND PROCEDURAL BACKGROUND 1. Underlying Facts At 10:15 p.m. on September 25, 2014, Los Angeles Police Department Officer Mario Fernandez noticed 15 African-American boys drinking alcoholic beverages in public. After Officer Fernandez got out of his car to investigate, M.C. “looked in [his] direction, became nervous, and immediately walked away.” Officer Fernandez testified that after M.C. ran away, he and his partner followed him. While he ran, M.C. removed a firearm from his right, front pocket, threw it against a wall, and then jumped over the wall. Without stopping to retrieve the weapon, both officers followed M.C. over the wall and eventually found him hiding in a shed. The officers later recovered a .40-caliber Bryco firearm loaded with six rounds of ammunition. Officer Fernandez testified that M.C.’s flight delayed his investigation into possible underage drinking because while he was chasing M.C., the other boys slipped away.