In Re Jacob M.

Jacob M., a juvenile, was continued a ward of the court under Welfare and Institutions Code section 602 and committed to the California Youth Authority, after the judge found three counts of an amended petition to be true beyond a reasonable doubt. On one count, burglary (Pen. Code, § 459), the judge failed to make specific findings as to the degree of the burglary and its designation as felony or misdemeanor. We hold the judgment must be modified to indicate second degree burglary and remand for further proceedings.

An amended petition filed on January 14, 1986, charged the minor with five criminal offenses. Four of the counts (counts I, III, IV and V) concerned various drug-related offenses unrelated to the issues raised on this appeal. Count II alleged the minor “did willfully and unlawfully enter [a certain] inhabited residential structure and building . . . with the intent to commit larceny, in violation of Penal Code Section 459, a felony.”

At the conclusion of trial, the judge found count II to be true beyond a reasonable doubt. The judge made no explicit statement, then or later, concerning the degree of the burglary nor whether the burglary was to be deemed a…