In re G.A. CA6

I. Background

G.A. was declared a ward and placed on probation in January 2013 after he admitted that he had committed felony battery with serious bodily injury (Pen. Code, §§ 242, 243, subd. (d)). In October 2013, G.A. admitted that he had violated his probation and was continued on probation. In January 2014, a petition was filed alleging that G.A. had possessed methamphetamine (former Health & Saf. Code, § 11377, subd. (a)). In February 2014, a petition was filed alleging that G.A. had committed second degree burglary (Pen. Code, §§ 459, 460, subd. (b)). On April 10, 2014, a contested jurisdictional hearing was held on the methamphetamine allegation, and the court found it true. The court also explicitly found the methamphetamine count to be a felony. “The court is mindful of its discretion to consider whether or not this should be sustained as a misdemeanor or whether or not it’s a wobbler. Having exercised that discretion, the court will sustain the charge as a felony.” G.A. admitted the burglary allegation at the April 10, 2014 hearing and submitted a waiver form. The court accepted G.A.’s admission of the burglary count, and G.A.’s trial counsel said: “I would like to be…