In re Israel A.
Appellant, Israel A., a minor, was initially adjudged a ward of the juvenile court in 2010, following his admission that he committed battery (Pen. Code, § 242), and he was readjudged a ward in 2011 following his admission of possession of live firearm ammunition by a minor (Pen. Code, § 12101, subd. (b)(1)).
In 2012, in the instant case, the juvenile court, at a jurisdiction hearing, found true allegations set forth in a juvenile wardship petition (Welf. & Inst. Code, § 602) that appellant committed attempted first degree burglary (Pen. Code, §§ 664/459, 460, subd. (a); count 1), assault by means of force likely to produce great bodily injury (Former Pen. Code, § 245, subd. (a)(1);[1] count 2) and second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c); count 3). At the subsequent disposition hearing, on February 14, 2012, the court readjudged appellant a ward of the court and ordered that he serve 365 days in the Tulare County Youth Facility, under the supervision of the probation officer.
On appeal, appellant contends (1) the evidence was insufficient to support his adjudication on count 1, and (2) the court failed to declare whether the count 2 offense was a felony or misdemeanor, in violation of Welfare and Institutions Code section 702 (section 702). The People concede both points. We reverse appellant’s adjudication of attempted burglary and remand for a new disposition hearing.
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