In re Eduardo B.
Appellant Eduardo B., a minor, admitted allegations contained in two separate juvenile wardship petitions (Welf. & Inst. Code, 602) that he committed violations of Penal Code sections 12020, subdivision (a)(4) (carrying a dirk or dagger concealed on ones person and 215 (carjacking). At a disposition hearing covering both offenses, the court ordered appellant committed to the Department of Corrections and Rehabilitation, Juvenile Justice (DCRJJ), formerly known as the California Youth Authority (CYA), and declared his maximum period of physical confinement (MPPC) to be nine years eight months, consisting of nine years on the carjacking and eight months on the weapon offense.
On appeal, appellant contends the court erroneously (1) failed to exercise its statutory discretion in setting the MPPC, and (2) failed to exercise its discretion under section 702 to determine whether the weapon offense was a felony or misdemeanor. Court find merit in the second of these contentions, and remand for further proceedings.
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