In re L.R. CA2/6

DISCUSSION

Welfare and Institutions Code section 702 provides, in pertinent part, that where a “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

2 declare the offense to be a misdemeanor or a felony.” This provision requires juvenile courts to explicitly declare whether an offense is a felony or misdemeanor to ensure that courts are aware of and exercise their discretionary authority. (In re Manzy W. (1997) 14 Cal.4th 1199, 1204, 1207 (Manzy W.); In re Kenneth H. (1983) 33 Cal.3d 616, 619; In re Ricky H. (1981) 30 Cal.3d 176, 191.) Absent a court’s express declaration or other evidence the juvenile court “ ‘was aware of, and exercised[,] its discretion to determine the felony or misdemeanor nature of a wobbler,’ ” the matter must be remanded. (In re F.M. (2023) 14 Cal.5th 701, 712 (F.M.); see also Cal. Rules of Court, rule 5.790(a)(1) [“the court . . . must expressly declare on the record that it has made such consideration and must state its finding as to whether the offense is a misdemeanor or a felony”].) Pursuant to section 702, an express declaration of felony or…