People v. Eduardo D.

The minor, Eduardo D., appeals from the order declaring him a delinquent ward of the court. (Welf. & Inst. Code, § 602.) The juvenile court sustained one of the allegations of a petition filed April 16, 1999, finding a lesser included offense of grand theft from a person rather than second degree robbery as originally charged. (Pen. Code, 1 § 487, subd. (c).) The juvenile court ordered that the minor be removed from the custody of his parents and placed in camp. The juvenile court further ordered that the minor be held in physical confinement for a period not exceeding three years. The minor appealed and we appointed counsel to represent him. The minor argues that there was insufficient evidence to sustain the juvenile court’s finding that he committed grand theft from a person. In the alternative, the minor argues that the juvenile court’s failure to determine whether the grand theft was a misdemeanor or felony pursuant to Welfare and Institutions Code section 702 mandates remand for such a determination.

First, the minor argues there was insufficient evidence to sustain the finding that he committed a grand theft from the person of Manuel G. We review the evidence in…