In re J.H.
The minor, J.H., admitted an allegation that he had committed misdemeanor battery (former Pen. Code, §§ 242, 243.6), and, after a contested hearing, the juvenile court found true the allegations that he had committed an unrelated felony assault and had personally inflicted great bodily injury (former Pen. Code, § 245, subd. (a)(1); Pen. Code, §§ 12022.7, subd. (a), 1203, subd. (e)(3)). The record does not reflect that the juvenile court orally declared the assault offense to be a felony or a misdemeanor. The minor was committed to the enhanced ranch program for six to eight months.
On appeal, the minor contends that remand is required because the juvenile court failed to specify whether the assault offense was a felony or a misdemeanor. The Attorney General concedes the issue. We agree with the concession and remand the matter for the juvenile court to declare whether the assault offense is a felony or a misdemeanor.
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