In re K.P. CA5
Opinion
Opinion
discussion, infra). A notice of appeal was filed on November 1, 2013.
DISCUSSION
Any Error Committed Under Section 702 Was Harmless The minor’s first assertion of error relates to her violation of Penal Code section 29610. This offense is categorized as a “wobbler,” which is legal jargon for a crime punishable at the court’s discretion as either a felony or a misdemeanor. (Penal Code, § 29700; In re Jose T. (1997) 58 Cal.App.4th 1218, 1220 [interpreting former Penal Code section 12101]; see Robert L. v. Superior Court (2003) 30 Cal.4th 894, 902 [discussing etymology of the term “wobbler.”].) Relying upon section 702, K.P. contends that we must remand her case because the juvenile court never declared whether the offense was a felony or a misdemeanor. Section 702 provides, in pertinent part: “If the minor is found to have committed an offense which would in the case of an adult be punishable alternatively as a felony or a misdemeanor, the court shall declare the offense to be a misdemeanor or felony.” This statutory language has been interpreted as requiring “an explicit declaration by the juvenile court whether an offense would be a felony or misdemeanor in the case of an