In re E.B. CA5
Opinion
Opinion
INTRODUCTION
The People filed a juvenile wardship petition alleging E.B. (appellant) committed forcible rape of a minor 14 years of age or older. (Pen. Code, §§ 261, subd. (a)(2), 264, subd. (c)(2).)1 At the jurisdictional hearing, after the presentation of evidence and closing arguments, the People moved to amend the petition to add a second count of misdemeanor unlawful sexual intercourse with a minor. (§ 261.5, subd. (b).) Defense counsel did not object and agreed that “the evidence would support that [c]ount.” After granting the People’s motion, the juvenile court found the misdemeanor unlawful sexual intercourse allegation true but found the forcible rape allegation not true. On appeal, appellant contends the juvenile court abused its discretion in granting the People’s motion to amend the wardship petition. We conclude appellant forfeited the claim by failing to object, and that no error occurred because appellant consented to the amendment. We also reject appellant’s ineffective assistance of counsel claim because the record shows defense counsel had a rational tactical purpose for consenting to the amendment. We affirm.