In Re Dennis C.

Statement of the Case

Appellant was found to be a person within Welfare and Institutions Code section 602 in that he committed forgery (Pen. Code, § 470, a fel ony), battery against a peace officer (Pen. Code, § 243, a felony), and resisting an officer in the discharge of his duty (Pen. Code, § 148, a misdemeanor). The former offense was committed on September 8, 1977, and the latter two on October 13, 1977. The juvenile court on November 15, 1977, ordered appellant committed to the Youth Authority for one year for obstructing the officer, three years for the forgery, and three years for the battery, all commitments to be served consecutively.

Although appellant’s equal protection and double punishment arguments must fail, he does make two meritorious contentions: (1) that the application of paragraph 3 of Welfare and Institutions Code section 726 to his forgery violation, which was committed béfore October 1, 1977 (the effective date of that legislation), works an ex post facto effect in violation of the federal and state Constitutions; and (2) that the juvenile court erred by not declaring whether appellant’s battery and forgery offenses were felonies or misdemeanors.…