In re Jerome H.

Filed 5/18/06 In re Jerome H. CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

APPEAL from a judgment of the Superior Court of Los Angeles County, Tammy Chung Ryu, Judge. Affirmed in part; reversed in part with directions.

Torres & Torres, Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Ana R. Duarte, and Catherine Okawa Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

The minor, Jerome H., appeals from a May 2, 2005 wardship order (Welf. & Inst. Code, § 602) which placed him in short-term camp community placement. The juvenile court sustained the allegations of a petition filed January 4, 2005, charging the minor with felony unlawful taking of a motorcycle (Veh. Code, § 10851, subd. (a)) and misdemeanor driving without a license. (Veh. Code 12500, subd. (a).) The juvenile court set the maximum confinement time at 6 years, 6 months, which included 5 years, 8 months previously imposed in another matter. The minor argues the trial court: failed to designate whether the Vehicle Code section 10851, subdivision (a) violation was a felony or misdemeanor; failed to calculate predisposition credits; and imposed a probation condition that is unconstitutionally overbroad. We reverse the dispositional order in two narrow aspects.

First, the minor argues the juvenile court's failure to exercise its discretion to determine whether the unlawful driving or taking of a motorcycle was a felony or a misdemeanor requires remand. The crime of unlawful driving or taking of a motorcycle may be treated as either a felony or misdemeanor. (Veh. Code, § 10851, subd. (a).) Welfare and Institutions Code section 702 provides, â€