People v. Brandon T.

The juvenile court sustained a petition under Welfare and Institutions Code section 602, 1 finding true the felony charge that minor Brandon T. committed the crime of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). The court declared Brandon to be a ward of the court and ordered him to be placed at home on probation. Brandon appeals from the adjudication/disposition order.

Brandon’s counsel filed an opening brief raising no issues and asking this court to review the record independently pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ]. On March 11, 2010, we advised Brandon that he personally had 30 days to submit any contentions or issues he wished us to consider. We also directed his appointed counsel to send the record and opening brief to Brandon immediately. We received no response.

After reviewing the record, we asked the parties to brief the following issues: (1) whether the juvenile court failed to exercise its discretion to determine if the adjudicated offense was a felony or a misdemeanor and whether a remand is required for the court to make an express finding on the record; (2)…