Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, No. JJ17208, Steven R. Klaif, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.).
James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jason C. Tran and David C. Cook, Deputy Attorneys General, for Plaintiff and Respondent.
KRIEGLER, J.
After hearing evidence that an irate 16-year-old Gregory K., armed with a 12-inch skewer, threatened to stab and kill his 20-year-old brother following a dispute over a video game console and bicycle, the juvenile court sustained a Welfare and Institutions Code section 602 petition alleging Gregory made an unlawful criminal threat in violation of Penal Code section 422. The juvenile court expressly declared the offense to be a misdemeanor at the adjudication.
At the disposition hearing, the juvenile court again orally indicated the offense was a misdemeanor. Gregory was placed home on probation. The September 12, 2010 minute order of the disposition hearing identifies the offense as a felony.
The only contention on appeal is that the disposition hearing minute order’s characterization of the offense as a felony is inconsistent with the juvenile court’s oral pronouncement of judgment. As the Attorney General properly concedes, the oral pronouncement of judgment controls in this situation. (People v. Mesa (1975) 14 Cal.3d 466, 471; People v. Freitas (2009)179 Cal.App.4th 747, 750, fn. 2.) Upon issuance of the remittitur, the clerk of the juvenile court is to amend the September 12, 2010 minute order of the disposition hearing to reflect that the Penal Code section 422 violation is a misdemeanor. In all other respects, the judgment is affirmed.
We concur: ARMSTRONG, Acting P. J. KUMAR, J.
Judge of the Los Angeles Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.