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2014 California Rules of Court

Rule 5.795. Required determinations

(a) Felony or misdemeanor (§ 702)

Unless determined previously, the court must find and note in the minutes the degree of the offense committed by the youth, and whether it would be a felony or a misdemeanor had it been committed by an adult. If any offense may be found to be either a felony or a misdemeanor, the court must consider which description applies and expressly declare on the record that it has made such consideration and must state its determination as to whether the offense is a misdemeanor or a felony.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2003.)

(b) Physical confinement (§ 726)

If the youth is declared a ward under section 602 and ordered removed from the physical custody of a parent or guardian, the court must specify and note in the minutes the maximum period of confinement under section 726.

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2003.)

Rule 5.795 amended and renumbered effective January 1, 2007; adopted as rule 1494 effective January 1, 1991; previously amended effective January 1, 2001, and January 1, 2003.

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