In re Hector S. CA6
Opinion
Opinion
I. INTRODUCTION
In declaring Hector S. (Minor) a ward of the juvenile court after he admitted possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and marijuana (Health & Saf. Code, § 11357, subd. (b)), the court did not “expressly declare on the record … its determination … whether the offense [of possessing methamphetamine] is a misdemeanor or a felony” at the jurisdictional or disposition hearings. (Cal. Rules of Court, rules 5.778(f)(9), 5.790(a)(1), 5.795(a).) This oversight is Minor’s sole claim of error on appeal and the Attorney General appropriately concedes that remand is required to correct the omission.
II. THE OFFENSES
Salinas police received a report of two juveniles smoking marijuana at an intersection in Salinas on a weekday at around 9:40 a.m. An officer went to the area and found 15-year-old Minor and a 14-year-old female sitting in the bleachers at a park. They admitted they were skipping school. A pat search of Minor revealed a pipe and 0.4 grams of marijuana in a pill bottle and 0.1 grams of methamphetamine in a folded piece of paper. Minor acknowledged using marijuana regularly and said he had used methamphetamine once.