R.L.
People v. R.L.
Opinion
lead Opinion
Siggins, J.
This is a juvenile delinquency case. Following R.L.’s admission of an allegation that he unlawfully possessed a “billy” club, the prosecutor amended the juvenile petition to allege additional charges against him, including assault with a deadly weapon by means of force likely to produce great bodily injury. R.L. admitted the additional allegation of assault with a deadly weapon and the remaining allegations were dismissed. In this appeal, R.L. argues the juvenile court erred when it denied his motion to dismiss the amended petition brought under Penal Code 1 section 654, and the holding of Kellett v. Superior Court (1966) 63 Cal.2d 822 [ 48 Cal.Rptr. 366 , 409 P.2d 206 ] (Kellett). In the published portion of this opinion, we conclude the prosecutor did not violate section 654’s bar to multiple prosecutions or the rule in Kellett because proceedings on the first petition were not yet concluded when the amended petition was filed. R.L. also contends the court failed to specify whether his offenses were misdemeanors or felonies, as required by Welfare and Institutions Code section 702. We agree and remand for that purpose. On remand, we also direct the juvenile court to…