In Re Jerry R.

This appeal is from a wardship order (Welf. & Inst. Code, § 602) based on findings that appellant Jerry R. violated Vehicle Code sections 10851 (auto theft) and 12500, subdivision (a) (driving without a license) and Penal Code section 246.3 (willful discharge of a firearm in a grossly negligent manner). Appellant, who was only 12 years old, was removed from the custody of his parents and committed to the probation officer for out-of-home placement.

We conclude the finding that appellant violated Penal Code section 246.3 must be reversed because the trial court’s comments reveal its misunderstanding of the elements of that offense. In the unpublished portion of this opinion, we conclude substantial evidence supports the trial court’s findings that appellant appreciated the wrongfulness of his conduct and had the requisite intent for the Vehicle Code offenses.

I. Facts

A. The Auto Theft

On April 18,1991, Police Officer David Fontana spotted a Datsun station wagon “spinning donuts” on a baseball field. As he approached, the vehicle stopped abruptly. Two juveniles fled from the rear passenger door; appellant jumped out from the driver’s door and started running. Fontana…