In re N.V.
Following a contested jurisdictional hearing, the juvenile court found the minor N.V. committed corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a))[1] and vandalism (§ 594, subd. (a)). The juvenile court determined the section 273.5 offense was a felony and declared the minor a ward of the court. The court granted him probation and imposed various fines and fees.
On appeal, the minor contends (1) there is insufficient evidence to support the corporal injury to a cohabitant finding and (2) the Welfare and Institutions Code section 731 fine should be stricken because it was never imposed by the juvenile court. As to the first contention, we conclude there is insufficient evidence the minor and his victim cohabitated. Thus, we modify the corporal injury to a cohabitant finding to the lesser included offense of battery on a person with whom defendant had a previous dating relationship (§ 243, subd. (e)(1)). Because this modification reduces the offense to a misdemeanor, we remand the matter for a new dispositional hearing. With regard to the second contention, we note that if the juvenile court imposes fines, fees, or assessments at the new dispositional hearing, it must specify the amounts and statutory basis for all fines, fees, and assessments imposed.
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