In re D.J.
Defendant appeals from the disposition order pursuant to Welfare and Institutions Code section 602, which continued defendant as a ward on probation. Defendant admitted possessing a concealable firearm (Pen. Code, 12101, subds. (a)), which had been charged as a felony. Defendant contends that Penal Code section 12101, subdivision (a)(1) is a wobbler, and the court failed to comply with Welfare and Institutions Code section 702 and California Rules of Court, rule 5.780(e)(5) (hereinafter, rule 5.780(e)(5)) and make a formal finding as to whether the offense was a misdemeanor or a felony. Court agree that the record does not establish that the lower court was aware that it had the discretion to determine whether the offense was a felony or a misdemeanor and remand for the lower court to make an express declaration.
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