In re A.I.
Minor A. I. appeals from an order declaring wardship (Welf. & Inst. Code, 602) and ordering out-of-home placement for a maximum of 14 years 8 months, after the juvenile court sustained a petition alleging appellant committed an assault with a firearm (Pen. Code, 245, subd. (a)(2)) (count 1), enhanced by use of a firearm (Pen. Code, 12022.5, subd. (a)), and possessed a concealable firearm as a minor (Pen. Code, 12101, subd. (a)(1)) (count 2). Appellant contends he received ineffective assistance of counsel due to his counsels failure to attempt to introduce one witnesss statement for its truth as a spontaneous utterance and failure to impeach another witness with a prior statement. Appellant also contends the case should be remanded due to the juvenile courts failure to declare his offense a felony or misdemeanor. Court reject appellants ineffective assistance of counsel claim, but remand for the juvenile court to state orally whether the offense in count 2 was a felony or misdemeanor.
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