In re Jordan G.
Filed 8/17/06 In re Jordan G. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| In re JORDAN G., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JORDAN G., Defendant and Appellant. | G036368 (Super. Ct. No. DL008392) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Caryl A. Lee, Judge. Affirmed in part and remanded in part with directions.
Howard J. Stechel, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Kathryn Gayle, Deputy Attorneys General, for Plaintiff and Respondent.
* * *
Allegations in a Welfare and Institutions Code section 602 petition that Jordan G. committed robbery (Pen. Code, § 211), attempted robbery (Pen. Code, §§ 664, 221), and two counts of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)), were found to be true. Jordan complains the juvenile court failed to declare whether the assault convictions were felonies or misdemeanors, as required by Welfare and Institutions Code section 702. The Attorney General concedes the point. Consequently, we remand the matter to the juvenile court to declare whether the assault convictions (counts 3 and 4) are to be treated as felonies or misdemeanors.
Because Jordan raises only one issue concerning the disposition, a lengthy factual statement is unnecessary to resolve his appeal. Suffice it to say, around 2:00 a.m. on December 22, 2004, a group of young men attacked Andrew Nichols and his girlfriend at the city beach in Huntington Beach. Nichols identified 17-year old minor Jordan as the person who physically assaulted him and stole his car keys.
The district attorney filed a petition in juvenile court alleging Jordan committed robbery, attempted robbery, and two counts of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). The juvenile court found the allegations true, declared Jordan a ward of the court, ordered him committed for 365 days to an appropriate local juvenile facility (with credit for 205 days served), and placed him on probation subject to various conditions.
Jordan asserts the juvenile court erred in failing to declare whether his offenses were to be treated as misdemeanors or felonies. A violation of Penal Code section 245, subdivision (a)(1) is punishable as either a felony or a misdemeanor. The law is clear: â€
