In re Ethan M. CA2/8

INTRODUCTION

Ethan M. appeals from the juvenile court’s order of wardship following a sustained Welfare and Institutions Code1 section 602 petition that alleged one count of robbery (Pen. Code, § 211). At the dispositional hearing, the juvenile court found that Ethan was ineligible for informal, non-wardship probation (§ 725, subd. (a)) based on the nature of the offense, declared him a ward of the court, and placed him at home on formal probation. On appeal, Ethan contends, and the Attorney General concedes, that the juvenile court was unaware of its discretion to order informal probation, and that the matter should be remanded for the court to exercise its informed discretion. We agree. Therefore, we conditionally reverse the order of wardship, and remand for the juvenile court to conduct a new dispositional hearing in accordance with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

On March 2, 2022, the Orange County District Attorney filed a section 602 petition, alleging that Ethan committed the offense of second degree robbery. Ethan admitted the allegation, and the juvenile court sustained the petition. Because Ethan resided in Los Angeles County, the court transferred…