In re Daniel H.
Daniel H. appeals from a disposition entered after the juvenile court found true allegations that he had committed forcible rape, (Pen. Code, 261, subd. (a)(2)) forcible sexual penetration ( 289, subd. (a)(1)), and sexual battery ( 243.4, subd. (a)). He contends the court erred because it failed to exercise its discretion to determine whether the sexual battery count was a felony or a misdemeanor. Court agree and remand for further proceedings.
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