In re M.G.

A petition under Welfare and Institutions Code section 602 charged appellant M.G. with felony carrying of a concealed firearm on his person. Following the juvenile court’s denial of his motion to suppress evidence, appellant entered an admission he committed the charged offense, but declined to stipulate the offense was a felony rather than a wobbler. The trial court found otherwise, declared a wardship, and placed appellant with his parent subject to conditions of probation. Appellant contends the judgment must be reversed because (1) the trial court erred in denying his motion to suppress evidence; (2) the court erred following his guilty plea to count 1 by determining his offense was punishable as a felony under Penal Code section 25400, subdivision (c)(4); and (3) the prosecutor erroneously determined he was ineligible for deferred entry of judgment. We agree with the latter two contentions and will reverse and remand for appropriate proceedings to determine whether appellant is suitable for deferred entry of judgment and, if not, whether the offense is a felony or misdemeanor.

I. BACKGROUND

A juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) filed…