In re E.F. CA5

FACTS

On November 29, 2012, at approximately 9:42 p.m., appellant and several other males broke into an apartment in Fresno and took numerous items including a television, a computer, and a cell phone.

DISCUSSION

Appellant contends the court failed to declare whether his grand theft offense was a felony or a misdemeanor and that the court’s error requires this matter to be remanded to the juvenile court for this purpose. Respondent concedes and we agree. Section 702 provides: “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.” Grand theft is a so-called “wobbler” offense because it can be punished as a misdemeanor or a felony. (Pen. Code, §§ 17, 487, subd. (a).) In In re Manzy W. (1997) 14 Cal.4th 1199 (Manzy W.), the Supreme Court held that the failure to expressly declare

All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.

2 the character of an offense subject to section 702 requires remand to the juvenile court for strict compliance with that section (id. at…