In re Anthony M.
Filed 6/25/08 In re Anthony M. CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re ANTHONY M., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. ANTHONY M., Defendant and Appellant. | D052421 (Super. Ct. No. J202075) |
APPEAL from a judgment of the Superior Court of San Diego County, S. Charles Wickersham, Judge. Affirmed as modified.
On the night of August 29, 2007, San Diego Police Department gang detectives saw Anthony M. and J.S., a gang member, near a liquor store. J.S. stayed just inside the door while Anthony walked in and out of the store several times. They left the area together, crossing against a red light. Anthony started to enter a taco shop, but ran away when patrol cars arrived. During the ensuing chase, he threw a loaded revolver toward a freeway embankment and ignored the officers' commands to stop. When the officers apprehended him, they found a beanie with cut out eye holes in his pocket. Anthony had a gang tattoo. The terms of his probation prohibited him from possessing a firearm.
The juvenile court entered true findings that Anthony possessed a firearm in violation of probation (Pen. Code, 12021, subd. (d)(1))[1](count 1); carried a concealed and loaded firearm not registered to him ( 12025, subd. (a)(2), 12025, subd. (b)(6)) (count 2); carried a loaded firearm, not registered to him, on his person ( 12031, subd. (a)(1), 12031, subd. (a)(2)(F)) (count 3); carried a concealable firearm without written parental permission and while unaccompanied by a parent ( 12101, subd. (a)(1)) (count 4); possessed live ammunition, a misdemeanor ( 12101, subd. (b)(1)) (count 5); and resisted an officer, a misdemeanor ( 148, subd. (a)(1)) (count 6). The court continued Anthony a ward and committed him to Camp Barrett.
Although the court dismissed a gang allegation ( 12031, subd. (a)(2)(C)) attached to count 3, the minute order reflects a true finding on the allegation. Anthony appeals, contending the minute order must be corrected to state the court found the allegation untrue. The People properly concede the minute order must be correct to reflect the dismissal. We modify the judgment accordingly.
DISPOSITION
The judgment is modified to reflect the dismissal of the section 12031, subdivision (a)(2)(C) allegation attached to count 3. As so modified, the judgment is affirmed.
NARES, Acting P. J.
WE CONCUR:
HALLER, J.
AARON, J.
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[1] All further statutory references are to the Penal Code.
