People v. Manzy W.

Opinion

MOSK, J.

Welfare and Institutions Code section 702 provides that, in a juvenile proceeding, “[i]f the minor is found to have committed an offense which would in the case of an adult be punishable alternatively as a felony or a misdemeanor, the court shall declare the offense to be a misdemeanor or felony.” In this juvenile adjudication, the superior court imposed a felony-level term of physical confinement in the Youth Authority for an offense that would, in the case of an adult, be punishable either as a misdemeanor or as a felony—a so-called “wobbler”—but did not expressly declare…