In re Freddy P.
Filed 2/7/07 In re Freddy P. CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 SEVEN
In re FREDDY P., a Person Coming Under the Juvenile Court Law. | B189714 (Los Angeles County Super. Ct. No. JJ11480) |
THE PEOPLE, Plaintiff and Respondent, v. FREDDY P., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County.
Robert S. Ambrose, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed, and remanded with directions.
Debbie M. Page, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Yun K. Lee, Deputy Attorneys General, for Plaintiff and Respondent.
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Freddy P. appeals from the order of continuing wardship after the juvenile court found he had possessed a concealable firearm. The only issue on appeal is whether the juvenile court erred in failing to declare on the record whether the offense was a misdemeanor or a felony. We remand for the juvenile court to determine whether the firearm possession offense is a misdemeanor or a felony.
FACTUAL AND PROCEDURAL BACKGROUND
On the night of January 13, 2006, Freddy P. was detained by two deputy sheriffs after they saw him remove a handgun from his waistband and throw it onto the roof of a nearby house. Freddy P. was arrested after the handgun was recovered from the roof and found to be loaded and operable.
In a petition filed pursuant to Welfare and Institutions Code section 602, it was alleged then 17-year-old Freddy P. committed â€