In re B.R.
The juvenile court sustained a petition alleging that B.R. (minor) committed the offense of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1).The juvenile court found that minor was a person described by Welfare and Institutions Code section 602 and ordered him home on probation. The juvenile court set a maximum confinement time of four years.
minor appeals on the grounds that: (1) the juvenile court erred by failing to declare on the record whether minors wobbler offense was a felony or a misdemeanor, and the matter must be remanded; (2) if, on remand, the juvenile court declares the offense a misdemeanor, the order requiring minor to provide a DNA sample should be stricken; (3) the juvenile court erred in setting a maximum confinement time, since minor was not removed from the physical custody of his parents, and the maximum term set must be stricken. Court modify the trial courts order and remand with directions.
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