In Re Jorge Q.
People v. Jorge Q.
Opinion
Opinion
Johnson, J.
Jorge Q. appeals from the order declaring him a ward of the juvenile court (Welf. & Inst. Code, § 602) by reason of his having committed attempted second degree robbery with the use of a firearm and grand theft from the person. (Pen. Code, §§664/211; 12022.5, subd. (a); 487, subd. (c).) He contends: “I. Appellant’s waiver of his procedural due process rights under Welfare and Institutions Code Section 777 was incomplete and therefore invalid. II. The failure of the juvenile court to declare whether count 2 [grand theft] was a felony or misdemeanor requires a remand for that finding.”
We agree appellant has not waived later supplemental petition proceedings and the juvenile court was required to declare the grand theft offense, a “wobbler,” a felony or misdemeanor.
Facts
On January 6, 1996, Miguel Espinoza was in the alley behind his Main Street, Los Angeles, residence with his pregnant wife. Appellant approached and pushed Espinoza. He yanked the chain off Espinoza’s neck and fled. On January 22, 1996, appellant demanded a coat and money from Espinoza’s cousin, Armando Cuenca, as Cuenca left a barbershop in the 4200 block of Broadway in Los Angeles. When Cuenca refused…