In re M.J. CA2/1

Filed 10/27/15 In re M.J. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

In re M.J., a Person Coming Under the B260536 Juvenile Court Law. (Los Angeles County Super. Ct. No. MJ22738)

THE PEOPLE,

Plaintiff and Respondent,

v.

M.J.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Denise McLaughlin-Bennett, Judge. Reversed with directions. Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Susan Sullivan Pithey, Supervising Deputy Attorney General, and Mary Sanchez, Deputy Attorney General, for Plaintiff and Respondent. _________________________________

M.J. appeals from the juvenile court’s disposition order reducing her felony second degree burglary charge to a misdemeanor charge under Penal Code section 459.1 Appellant contends the juvenile court erred when it refused to reduce her commercial burglary offense to shoplifting under section 459.5, as required by Proposition 47, the Safe Neighborhood and Schools Act (Cal. Const., art. II, § 10, subd. (a)) (Proposition 47 or the Act).2 We agree and reverse. PROCEDURAL BACKGROUND On June 24, 2014, the Los Angeles County District Attorney filed a Welfare and Institutions Code section 602 petition alleging that appellant, a 17-year-old minor, had committed second degree burglary, a felony, pursuant to section 459. On July 15, 2014, appellant admitted the burglary offense. The juvenile court found the allegations of the petition true, but did not sustain the petition. Instead, the court placed appellant on deferred entry of judgment. (Welf. & Inst. Code, § 790.) The court declared the offense a felony, set the maximum confinement time at three years, and awarded 24 days’ predisposition credit. On October 23, 2014, the court lifted the deferred entry of judgment order and issued a bench warrant. The warrant was recalled and quashed on October 29, 2014, while the prior order lifting deferred entry of judgment remained in effect. On November 13, 2014, the juvenile court sustained the petition, declared appellant a ward of the court, and stated that pursuant to Proposition 47, it would reduce the section 459 offense to a misdemeanor upon confirmation that the loss involved was less than $950. However, on November 18, 2014, after receiving confirmation that the value of the loss was less than $950, the court refused to redesignate the offense as