In Re Kali D.

Kali D., a minor (appellant), admitted automobile burglary (Pen. Code, § 459) as alleged and, after a jurisdictional hearing, the court found true allegations of forcible rape (§ 261, subd. (a)(2)), possession of a controlled substance (Health & Saf. Code § 11350), and receiving stolen property (§ 496). The court found insufficient evidence to sustain an additional three counts, including residential burglary (§ 459). Appellant was adjudged a ward of the court and committed to the California Youth Authority for a maximum period of ten years: eight years for rape; eight months for possession of cocaine base; eight months for receiving stolen property; and eight months for auto burglary.

Appellant contends that: (1) the juvenile court’s failure to grant him a jury trial violated both the federal and state Constitutions; (2) the receiving stolen property finding must be set aside because appellant was apprehended in possession of property he stole; and (3) the case should be remanded because the court failed to expressly declare whether the receiving stolen property and second degree burglary counts were felonies or misdemeanors. We reverse the receiving stolen property…