California Supreme Court

In re F.M.

May 4, 2023

Summary

The court held that the juvenile court violated Welfare and Institutions Code section 702 by failing to expressly declare whether each admitted wobbler offense would be treated as a misdemeanor or felony. The error was not forfeited because F.M. timely appealed, and remand is required unless the record shows that the juvenile court understood and exercised its discretion regarding the offenses. Because the record did not make that showing, the court reversed the Court of Appeal and remanded.