In re Daniel J.
Filed 6/27/06 In re Daniel J. CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 EIGHT
| In re DANIEL J., a Person Coming Under the Juvenile Court Law. | B184534 (Los Angeles County Super. Ct. No. YJ22062) |
| THE PEOPLE, Plaintiff and Respondent, v. DANIEL J., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County. Irma Jean Brown, Judge. Affirmed in part, reversed in part, and remanded.
Linn Davis, 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, Herbert S. Tetef and Jonathan J. Kline, Deputy Attorneys General, for Plaintiff and Respondent.
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Daniel J. (the minor) appeals from the order declaring him a person described by Welfare and Institutions Code section 602 and placing him in a long term community camp program as a result of his having committed a second degree burglary and received stolen property.[1] The minor contends the evidence was insufficient to support the order. He also contends, and the People concede, that the juvenile court erred in failing to determine whether the offenses were felonies or misdemeanors (Welf. & Inst. Code, § 702) and in imposing consecutive terms in violation of Penal Code section 654. We affirm the order, but stay the term of commitment imposed on the second count pursuant to Penal Code section 654 and remand for the juvenile court to determine whether the offenses were felonies or misdemeanors.
FACTUAL AND PROCEDURAL BACKGROUND
Viewed in accordance with the usual rules on appeal (People v. Kraft (2000) 23 Cal.4th 978, 1053-1054), the evidence established that at about 2:45 p.m. on February 28, 2005, Rosa S. parked and locked her car on the street in front of her place of employment, leaving her purse partially hidden underneath the passenger side seat. At about 5:45 p.m., Rosa S. heard her car alarm go off. Upon investigation, she discovered the passenger side window was shattered and her purse was missing. About a half a block away, Rosa S. noticed the minor walking with another young man, identified at trial as â€
