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Name: In re G.C.
Case #: S252057
Court: CA Supreme Court
District CalSup
Opinion Date: 02/20/2020

Opinion By: Justice Corrigan (unanimous decision)
A delinquent minor may not challenge the juvenile court's failure to declare a "wobbler" offense a misdemeanor or a felony in an appeal from a later dispositional order after the time to appeal the original disposition expired. The minor was the subject of two wardship petitions alleging that she unlawfully drove or took a vehicle (Veh. Code, § 10851, subd. (a)), a wobbler. The minor admitted the allegations, which the court found true. In its initial dispositional order, the juvenile court did not make the required declaration whether the offenses were misdemeanors or felonies…

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Name: In re D.D.
Case #: A140704
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/23/2015

Although minors are prohibited from possessing a concealable firearm, this does not mean a minor's commission of such offense is automatically punishable as a felony under Penal Code section 25400, subdivision (c)(4). Police approached and questioned D. when they saw him smoking marijuana. They patted him down and found a loaded automatic firearm. A petition charging him with the felonies of carrying a loaded (Pen. Code, § 25850, subd. (a)) concealed (Pen. Code, § 25400, subd. (a)(2)) firearm in public was found true. The juvenile court found the offenses were mandatory felonies. On appeal, D. challenged this finding. Held: Reversed…

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Name: In re M.G.
Case #: A139471
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 08/14/2014

Although minors may not legally possess a concealable firearm, this does not mean a minor's possession of a concealed firearm is automatically punishable as a felony under Penal Code section 25400, subdivision (c)(4). During a search of M.G.'s backpack, police found a firearm and bullets. After his motion to suppress was denied, M.G. admitted carrying a concealed firearm in violation of section 25400, subdivision (a)(2), which is a wobbler. On appeal, M.G. argued that the juvenile court erred by declaring the offense a felony. Held: Remanded for further proceedings. Possession of a concealed firearm is punishable as a felony "[i]f…

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