In re Quincy A.
The district attorney filed a petition in the juvenile court accusing Quincy A. (Minor) of two counts of unlawfully entering a residence of another with the intent to commit theft at a time when the residence was occupied by another (Pen. Code, §§ 460 & 667.5, subd. (c);[1] counts 1 & 2). It was further alleged the Minor committed three counts of petty theft (§ 484; counts 3, 5 & 7) and two counts of entering a building with the intent to commit theft (§ 459; counts 4 & 6).
Following a contested hearing, the court found the allegations contained in counts 2, 4, 5, 6 and 7 to be true. The Minor was declared a ward of the juvenile court and placed on probation.
The Minor appeals, contending (1) all counts must be reversed because the videotape evidence was not properly authenticated at trial; (2) the court erred in permitting the introduction of his interview with police in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); (3) the court failed to make a section 26 finding the Minor understood the wrongfulness of his conduct; and (4) the case must be remanded because the trial court failed to exercise its discretion to declare the offenses to be felonies or misdemeanors. We affirm the true findings of the juvenile court, but agree with the Minor's final point and remand this matter with directions to the juvenile court to conduct further proceedings in accordance with this opinion.
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