In re R.M. CA4/3
The juvenile court found true allegations R.M. (minor) committed assault with force likely to produce great bodily injury (Pen. Code, § 245, sub. (a)(4); count 1; all further statutory references are to the Penal Code unless otherwise stated), with an enhancement for inflicting great bodily injury (§ 12022.7, subd. (a)), and battery (§ 242; count 2).
The court declared the assault a felony and the battery a misdemeanor, and placed minor on supervised probation under various terms and conditions, including that minor spend 100 days in juvenile hall. The court set minor’s maximum period of confinement at seven years and two months. Minor argues the court did not understand its discretion to declare count 1 a misdemeanor, and the matter must be remanded for a proper exercise of the juvenile court’s sentencing discretion. We conclude the court complied with Welfare and Institutions Code section 702, and properly declared the assault a felony.
Therefore, we affirm the judgm
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