In Re Usef S.

This is an appeal from the jurisdictional and dispositional orders entered in a juvenile delinquency matter involving appellant minor Usef S. Appellant contends the juvenile court erred in issuing those orders by failing to first discharge two mandatory statutory duties; (1) to determine his suitability for the deferred entry of judgment program, and (2) to determine whether the offense sustained against him was a felony or misdemeanor. For reasons discussed below, we reject appellant’s first contention, but set the dispositional order aside and remand the matter to the juvenile court for the court to determine, in the exercise of its discretion, whether the sustained offense was a felony or misdemeanor, and to sentence accordingly.

FACTUAL AND PROCEDURAL BACKGROUND

On December 5, 2006, a juvenile wardship petition was filed under Welfare and Institutions Code section 602, subdivision (a) alleging that appellant had committed felony vehicle theft (Veh. Code, § 10851, subd. (a); count 1), felony possession of stolen property (Pen. Code, § 496; count 2), and misdemeanor hit-and-run driving (Veh. Code, § 20002, subd. (a); count 3). On the same day, the prosecutor filed a…