skip to Main Content
Name: Lesser-Included Offenses
Summary

A juvenile petition was filed pursuant to section 602 of the Welfare and Institutions Code alleging J.B. committed carjacking (Pen. Code, § 215). At a contested jurisdictional hearing the juvenile court found the carjacking allegation not true. However, the court found true the lesser related offenses that appellant received a stolen vehicle (§ 496d, subd. (a)) and unlawful driving of a vehicle (Veh. Code, § 10851, subd. (a)). The Court of Appeal agreed with J.B.’s argument that due process right to notice of the charges was violated when the juvenile court found true Vehicle Code section 10851 and section Penal Code section 496d, which were not alleged in the juvenile petition, as these offenses are not lesser included offenses of section 215. The juvenile court’s true findings of violations of section 459d and Vehicle Code section 10851 were reversed, and the matter was remanded to the juvenile court with directions to dismiss the juvenile petition.