In re Johnny J.
Filed 6/3/08 In re Johnny J. CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE
In re JOHNNY J., a Person Coming Under the Juvenile Court Law. | B193646 (Los Angeles County Super. Ct. No. YJ29129) |
THE PEOPLE, Plaintiff and Respondent, v. JOHNNY J., Defendant and Appellant. | ORDER MODIFYING OPINION AND DENYING REHEARING [CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on May 23, 2008, be modified as follows:
1. On page 2, in the last sentence of the first paragraph, the word assault is deleted so that the sentence reads:
He contends that the evidence was insufficient to support the true findings on count 3 and on the gang allegations, section 654 bars the consecutive maximum terms of confinement that were imposed on him, and the juvenile court erred in failing to determine whether his offenses were felonies or misdemeanors and in imposing overbroad conditions of probation.
2. On page 2, the second sentence of the second paragraph is deleted and the following sentence is inserted in its place:
We further conclude that the juvenile court erred in failing to determine whether count 1 and count 2 are felonies or misdemeanors and in imposing overbroad conditions of probation.
3. On page 7, under the subheading b. Determination of felony or misdemeanor, the first and second sentences are deleted and the following two sentences are inserted in their place:
The crimes of assault under section 245, subdivision (a) (count 1) and making a criminal threat under section 422 (count 2) are alternative felonies or misdemeanors. The minor contends, and the Attorney General aptly concedes, that the juvenile court erroneously failed to declare whether the counts 1 and 2 are felonies or misdemeanors and that the matter must be remanded to permit the court to declare the nature of the offense.
4. On page 8, under the heading DISPOSITION, the following sentence is inserted as the second sentence of that paragraph:
The court is also directed to determine whether count 2 is a felony or a misdemeanor.
This modification changes the judgment.
Appellants petition for rehearing is denied.
MALLANO, Acting P. J. VOGEL, J.
Publication Courtesy of San Diego County Legal Resource Directory.
Analysis and review provided by El Cajon Property line Lawyers.
