In re S.J.
In this delinquency case, the juvenile court permitted the district attorney, on the day of adjudication and over the objection of defense counsel, to amend the petition to allege a second felony, assault by force likely to produce great bodily injury, in addition to the original allegation of second degree robbery. The court found both allegations true. On appeal, the minor’s counsel filed a Wende brief (People v. Wende (1979) 25 Cal.3d 436) requesting this court’s independent review of the record.
We requested additional briefing and now reverse the true finding on the assault allegation under the authority of In re Robert G. (1982) 31 Cal.3d 437, 445 (Robert G.) (“a wardship petition . . . may not be sustained upon findings that the minor has committed an offense or offenses other than one specifically alleged in the petition or necessarily included within an alleged offense, unless the minor consents to a finding on the substituted chargeâ€). We find no other arguable issues, and affirm the true finding on the allegation of second degree robbery.
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