People v. Alberto S.

Opinion

AGLIANO, P. J.

Alberto S., a minor charged in juvenile court with rape (Pen. Code, § 261, subd. (2)), 1 appeals from a judgment of wardship entered upon a finding by the court that he had committed the lesser offense of sexual battery (Pen. Code, § 243.4). He contends the judgment is invalid because he was given no notice and he did not consent to the court’s finding of an offense which was not charged in the petition. We agree, and therefore reverse the judgment.

By a petition filed pursuant to Welfare and Institutions Code section 602, the minor was charged with raping Julie M., also a…