Error and/or relief
The case must be remanded for the juvenile court to declare the four offenses misdemeanors or felonies as required by Welfare and Institutions Code section 702.
First Holding:
Crimes punishable as either a misdemeanor or a felony at the discretion of the sentencing court are known as wobblers.
Authority:
In re F.M. (2023) 14 Cal.5th 701, 704
Second Holding:
If a minor commits a wobbler, the court shall declare the offense to be a misdemeanor or felony. The juvenile court must make this declaration at a hearing so the record expressly reflects the court was “‘aware of, and exercised its discretion’” to treat the offense as either a misdemeanor or a felony.
Authority:
WIC 702
In re F.M. (2023) 14 Cal.5th 701, 705
Third Holding:
Neither the pleading, the minute order, nor the setting of a felony-level period of physical confinement may substitute for a declaration by the juvenile court. Absent a juvenile court’s express declaration, or other record evidence establishing, it was aware of and exercised its discretion, the matter must be remanded for the requisite declaration to be made.
Authority:
In re Manzy W. (1997) 14 Cal.4th 1199, 1208-1209
Fourth Holding:
Fourth Holding:
A claim of section 702 error is not forfeited by the defense’s failure to object in the juvenile court.
Authority:
In re F.M. (2023) 14 Cal.5th 701, 710-711
Fifth Holding:
We generally review sentencing decisions for abuse of discretion. A court abuses its discretion when its decision is arbitrary or capricious or exceeds the bounds of reason under the circumstances. A failure to exercise discretion also may constitute an abuse of discretion.
Authority:
People v. Sandoval (2007) 41 Cal.4th 825, 847-848
People v. Carbajal (1995) 10 Cal.4th 1114, 1121