In re S.J. CA6

Discussion A. Declaration of Offense to be a Misdemeanor or Felony 1. Background In this case, the delinquency petition alleged two statutory violations as felonies: second degree robbery (Pen. Code, §§ 211-212.5(c)) (count one) and possession of a concealable firearm (id., § 29610) (count two). Robbery of the second degree is a straight felony (see id., §§ 213, subd. (a)(2), 17, subd. (a)) while a violation of Penal Code section 29610 is a so-called “wobbler,” punishable as a felony or a misdemeanor (see id., §§ 29700, subd. (a)(3), 17, subds. (a) & (b)). The court found the allegations of the petition true beyond a reasonable doubt. The probation report prepared for the disposition hearing described each “sustained allegation” as a felony. In its disposition orders, the juvenile court used a Judicial Council form, entitled “DISPOSITION—JUVENILE DELIQUENCY” (JV-665 [Rev. Jan. 1, 2012]). The form, dated April 23, 2014 and signed by the judge, contains the following preprinted language: “The court previously sustained the following counts. Any charges which may be consider a misdemeanor or a felony for which the court has not previously specified the level of the offense are now…