In re V.H.




Filed 6/13/11 In re V.H. CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re V.H., a Person Coming Under the Juvenile Court Law.	B225541 (Los Angeles County Super. Ct. No. TJ17915)
THE PEOPLE, Plaintiff and Respondent, v. V. H., Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. John C. Lawson, Judge. Affirmed and remanded with directions.
Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan Sullivan Pithey and Shira B. Seigle, Deputy Attorneys General, for Plaintiff and Respondent.

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V. H. appeals the juvenile court's order sustaining a Welfare and Institutions Code section 602 petition alleging appellant committed second degree robbery in violation of Penal Code^[1] section 211 and assault with a deadly weapon in violation of section 245. Specifically appellant argues that in announcing her period of confinement, the juvenile court failed to determine whether the assault allegation was a misdemeanor or felony pursuant to Welfare and Institutions Code section 702, and that the court's failure to make that determination mandates reversal. Appellant further complains that the minute order of the dispositional hearing did not accurately reflect the period of confinement pronounced by the court. We agree and conclude that the matter must be remanded to the juvenile court to allow the court to exercise its discretion to determine whether the assault alleged and found to be true was a misdemeanor or felony.
FACTUAL AND PROCEDURAL HISTORY
On February 22, 2010, appellant, who was then 15 years old, came to the attention of the Long Beach Police when police received a report that a teenager had just committed an armed robbery in front of a grocery store. According to the victim, she was standing outside the store talking on her cell phone when appellant approached her and asked whether the victim was in a gang. The victim stated that she was not in a gang, and appellant identified herself as a part of the â€