Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. TJ17089, Catherine J. Pratt, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed and remanded.
Torres & Torres and Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kenneth C. Byrne and Blythe J. Leszkay, Deputy Attorneys General, for Plaintiff and Respondent.
KRIEGLER, J.
Minor and appellant L.S. appeals from the judgment declaring him a ward of the juvenile court pursuant to Welfare and Institutions Code section 602 and ordering him suitably placed based upon findings he committed acts in violation of Penal Code sections 12101, subdivision (a)(1) (minor in possession of a firearm), 242 (battery), and 422 (criminal threats). The sole contention on appeal is that the juvenile court erred in failing to expressly declare whether the firearm and criminal threat offenses were felonies or misdemeanors as required by Welfare and Institutions Code section 702. We affirm the judgment, but remand to allow the juvenile court to designate the nature of the alternate felony/misdemeanor offenses, and if necessary, to recalculate the maximum period of confinement.
As the sufficiency of the evidence is not in dispute on appeal, we need not set forth the facts in detail. In one incident, appellant, age 10, was in possession of a firearm in the presence of another minor, E.P. Appellant threatened the life of E.P. during this incident. On a second occasion, appellant punched E.P. in the eye following a dispute on a basketball court. Testimony of appellant’s mother established that he knew the wrongfulness of his conduct, as required by In re Gladys R. (1970) 1 Cal.3d 855, 862-864 and Penal Code section 26.
The juvenile court fixed appellant’s maximum period of confinement at three years ten months. The court did not expressly state whether the firearm and criminal threat offenses were deemed to be felonies or misdemeanors. Both crimes are alternate felony/misdemeanor offenses. (Pen. Code, §§ 422, 12101, subd. (b)(1)(C).) This was error requiring remand to the juvenile court for the mandatory findings.
Welfare and Institutions Code section 702 provides in pertinent part: “If the minor is found to have committed an offense which would in the case of an adult be punishable alternatively as a felony or a misdemeanor, the court shall declare the offense to be a misdemeanor or felony.” “[F]ailure to make the mandatory express declaration requires remand of [the] matter for strict compliance with Welfare and Institutions Code section 702.” (In re Manzy W. (1997) 14 Cal.4th 1199, 1204.) Remand is required for compliance with Welfare and Institutions Code section 702.
DISPOSITION
The matter is remanded to the juvenile court with directions to enter an order expressly declaring whether the violations of Penal Code sections 422 and 12101, subdivision (a)(1), are to be treated as felonies or misdemeanors. If one or both offenses are determined to be misdemeanors, the juvenile court shall recalculate appellant’s maximum period of confinement. In all other respects, the judgment is affirmed.
We concur: ARMSTRONG, Acting P. J., MOSK, J.