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In re L.B.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE
Jan 12, 2012
B229862 (Cal. Ct. App. Jan. 12, 2012)

Opinion

B229862

01-12-2012

In re L.B., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. L.B., Defendant and Appellant.

Torres & Torres and Tonja R. Torres for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael R. Johnsen and Eric E. Reynolds, Deputy Attorneys General, for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. JJ17566)

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven Klaif, Juvenile Court Referee. Affirmed and remanded with directions.

Torres & Torres and Tonja R. Torres for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael R. Johnsen and Eric E. Reynolds, Deputy Attorneys General, for Plaintiff and Respondent.

On December 16, 2010, minor and appellant, L.B., was ordered to remain a ward of the court under Welfare and Institutions Code section 602, after the juvenile court sustained an allegation he committed battery with serious bodily injury in violation of Penal Code, section 243, subdivision (d). Appellant was ordered suitably placed at the Dorothy Kirby Center. The juvenile court did not make an oral pronouncement on the record declaring whether the violation of section 243, subdivision (d) was a misdemeanor or a felony.

All further references are to the Penal Code, unless otherwise indicated.

The minute order indicates the offense was declared a felony.

In his timely appeal, appellant contends the juvenile court erred when it failed to expressly declare whether the offense was a felony or misdemeanor, as required by Welfare and Institutions Code, section 702. Respondent concedes the error.

In the afternoon of September 23, 2010, appellant went up to Antwon Y., who was coming out of class, and punched him in the face, breaking his jaw. A further recitation of facts is not necessary to address the issue on appeal.
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Section 243, subdivision (d) provides in the alternative for punishment as either a felony or misdemeanor. 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.) In accordance with Welfare and Institutions Code section 702, as interpreted in In re Manzy W., we remand the cause to allow the juvenile court to declare if the offense is a felony or misdemeanor.

DISPOSITION

The cause is remanded to the juvenile court for an express declaration as to whether the violation of section 243, subdivision (d) is a felony or misdemeanor. In all other respects, the judgment is affirmed.

KRIEGLER, J.

We concur:

TURNER, P. J.

MOSK, J.


Summaries of

In re L.B.

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE
Jan 12, 2012
B229862 (Cal. Ct. App. Jan. 12, 2012)
Case details for

In re L.B.

Case Details

Full title:In re L.B., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE

Date published: Jan 12, 2012

Citations

B229862 (Cal. Ct. App. Jan. 12, 2012)