In re Joaquin D.
On March 21, 2006, appellant Joaquin D., was charged in a petition filed pursuant to Welfare and Institutions Code section 602 alleging that he feloniously possessed a concealed dirk or dagger (Pen. Code, 12020, subdivision (a)(4)). On March 29, 2006, appellant admitted the allegation. On March 29, 2006, the juvenile court ordered appellant to the California Youth Authority (CYA). The juvenile court ordered appellant committed to a maximum term of confinement of four years two months. The court granted appellant custody credit of 415 days and ordered him to pay a restitution fine.
On appeal, Joaquin contends the juvenile court failed to establish an adequate factual basis for the appellants admission that he possessed a dirk or dagger. Appellant contends the juvenile court failed to make a finding that his possession of a dirk or dagger was a felony or a misdemeanor and that it failed to set a maximum term of confinement as required by section 731. Although we find no merit to the first contention, we agree with appellant that his case must be remanded for a proper finding concerning whether the current offense is a misdemeanor or a felony and for the juvenile court to pick a term of confinement based upon the facts and circumstances of appellants case pursuant to section 731.
The dispositional order of the juvenile court setting appellants maximum term of confinement is reversed. The case is remanded for the juvenile court to make a finding pursuant to section 702 and Manzy W. concerning whether the instant offense is a felony or a misdemeanor. Before committing appellant to CYA, the juvenile court shall consider the facts and circumstances of the matter before it in selecting the appropriate term of physical confinement pursuant to section 731, Carlos E., Jacob J., and Sean W. In all other respects, the orders of the juvenile court are affirmed.
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