In re J.C.
Opinion
Opinion
Fujisaki, J.
Discussion. Further unspecified statutory references are to the Penal Code.
1 enumerated offenses that trigger the ban. Second, he maintains a remand is necessary for the court to make a finding pursuant to In re Manzy W. (1997) 14 Cal.4th 1199 (Manzy W.) as to whether his “wobbler” offense of attempted grand theft from the person was a felony or misdemeanor. Finally, J.C. contends the punishment for one of his two offenses should have been stayed because both were based on a single act. In the published portion of this opinion, we conclude the firearm ban must be vacated, as the plain language and the legislative history of the governing statutes do not contemplate that an offense under section 417.4 triggers the ban. (See §§ 29805, 29820.) In the unpublished portion of our opinion, we conclude a remand is necessary for the juvenile court to make a Manzy W. determination as to J.C.’s wobbler offense. Accordingly, we will reverse the judgment and remand for further proceedings consistent with this opinion.
FACTUAL AND PROCEDURAL BACKGROUND
All dates are from 2024 unless specified otherwise. On the evening of March 12, Antioch police officers responded to a report of…