In re D.D.

Police officers detained and searched D.D. and a companion after observing them apparently smoking marijuana in a private parking area. D.D. was found to be in possession of a concealed loaded handgun and charged by petition with violation of Penal Code sections 25400, subdivision (a)(2), and 25850, subdivision (a). D.D.’s motion to suppress the evidence was denied, and the petition’s allegations were found true. The juvenile court also found the offenses to be mandatory felonies pursuant to subdivision (c)(4) of sections 25400 and 25850. In the published portion of this opinion we conclude that D.D.’s offenses were not automatically felonies by virtue of his status as a minor, and therefore we reverse and remand for the juvenile court to determine the applicable subdivisions of sections 25400 and 25850 and designate the offenses as either misdemeanors or felonies accordingly. In the nonpublished portion of the opinion, we affirm the denial of D.D.’s motion to suppress and strike the designation of a maximum term of confinement from the disposition order.

I. Background

On November 5, 2013, the San Francisco District Attorney filed a Welfare and Institutions Code section…