CHILDREN AND THE LAW
...Delinquency Matters
......Disposition
.........Probation & Wardship
............Felony-Misdemeanor Determination
 13 Cards On This Topic:
  • When someone, intending to steal, causes property to become separated from the victim's person, then gains possession of the property, the theft is from the person.
  • M charged with possessing unregistered assault weapon ••knew or reasonably should have known•• the characteristics which brought it within the registration requirements of the AWCA.
  • Juvenile ct. erred in not declaring whether offense misdemeanor or felony under Welf. & Inst. Code §702, necessitating remand for express declaration.
  • Possessing concealed, loaded handgun not automatically a felony b/c of M's status as a minor—court must determine whether offenses were statutory felonies or misdemeanors or they would be mandatory misdemeanors.
  • Error to deem M's carrying offense a felony w/out proof or stip. to facts showing he did not have "lawful possession of the firearm" per PC 16750, or would have been subject to mandatory felony punishment had offense been committed by an adult.
  • Substantial evidence supported PC 273a(a) true finding where M willfully permitted child she had run over to suffer physical and mental pain by failing to alert anyone of the seriousness of his injuries.
  • PC 12031(a)(2)(C) requires proof of felonious conduct separate and distinct from the conduct supporting a section 12031(a)(1) allegation, even though the section 12031(a)(1) conduct might support multiple offense allegations.
  • Although court's intent to treat priors as felonies was clear from minute orders, case law holds minute orders insufficient where court did not state on record whether the offenses were felonies or misdemeanors.
  • Though no evidence of "sustained fear" sufficient to find M made criminal threat against non-testifying V, where other elements satisfied, W guilty of "attempted criminal threat."
  • Juvenile court must adjudicate M's offense on remand: if misdemeanor, court to strike order requiring her to provide DNA data bank samples; if samples already collected, M may seek expungement. If felony, order proper.
  • Juvenile court must exercise its discretion to determine whether minor's grand theft was a misdemeanor or felony.
  • Where M found guilty of carrying concealable firearm, underlying misdemeanor subject to felony disposition at court’s discretion.
  • Trial court erred in failing to make express finding as to whether PC §245 assault count was felony or misdemeanor.


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