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Name: In re Nancy C.
Case #: C048636
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/17/2005
Summary

The minor was convicted of auto theft in violation of Vehicle Code section 10851, a “wobbler” offense. The court did not declare the offense to be either a felony or misdemeanor. Over the minor’s objection, the court also ordered her to provide samples for the DNA data bank in accordance with Penal Code section 296. On appeal, the minor argued that the DNA order should be stayed pending the court’s determination of the felony/misdemeanor status of her offense, because section 296 does not apply to misdemeanors. The Court of Appeal agreed and ordered that since remand was required under Manzy W. for the court to exercise its discretion regarding the felony or misdemeanor status of the offense, the court should strike the order if it declares the offense to be a misdemeanor.