Error and/or relief:
The defendant contends, and the People concede, the case must be remanded for the juvenile court to declare whether his grand theft offense was a misdemeanor or a felony, as required by section 702. We agree and remand with instructions.
Holding:
Juvenile court must declare whether the wobbler grand theft offense was a misdemeanor or a felony. Absent a court’s express declaration or other evidence the juvenile court was aware of, and exercised, its discretion to determine the felony or misdemeanor nature of a wobbler, the matter must be remanded. Section 702 error is not harmless unless the record shows that the juvenile court was aware of, and exercised its discretion as to each wobbler alleged against the minor.
Authority:
Cal. Rules of Court, rule 5.790(a)(1)
In re Manzy W. (1997) 14 Cal.4th 1199, 1204, 1207
In re Kenneth H. (1983) 33 Cal.3d 616, 619
In re Ricky H. (1981) 30 Cal.3d 176, 191
In re F.M. (2023) 14 Cal.5th 701, 712