In re I.T. CA4/2

STATEMENT OF THE CASE

In November 2023, the Riverside County District Attorney’s Office filed a

subsequent section 602 petition alleging I.T. committed felony evasion (Veh. Code,

§ 2800.2, count 1), felony vehicle theft (Veh. Code, § 10851, subd. (a), count 2), and

felony receipt of stolen property (Pen. Code, § 496d, subd. (a), count 3).

On November 29, 2023, I.T. admitted the truth of counts 1 and 2, and the juvenile

court dismissed count 3.

The court continued I.T. as a ward of the court. The court further ordered I.T. to

be placed in a suitable group or foster home with a maximum term of confinement of

three years 10 months. I.T. appealed.

1 All further undesignated statutory references are to the Welfare and Institutions Code.

DISCUSSION

“Some crimes, known as wobbler offenses, are punishable either as misdemeanors

or as felonies at the discretion of the sentencing court. Welfare and Institutions Code

section 702 provides that when a minor is found to have committed a wobbler offense,

‘the court shall declare the offense to be a misdemeanor or felony.’” (F.M., supra,

14 Cal.5th at p. 704.) Pursuant to section 702, an express declaration of felony…