In re Susana G.
It was alleged in a juvenile wardship petition (Welf. & Inst. Code, 602) filed October 31, 2006, that appellant Susana M., a minor, committed misdemeanor assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)) and felony vandalism ( 594, subd. (a)), and that she committed the former offense for the benefit of, at the direction of or in association with, a criminal street gang, with the specific intent to promote, further or assist in criminal conduct by gang members, within the meaning of section 186.22, subdivision (d) (section 186.22(d)). Pursuant to a plea agreement, appellant admitted the assault and vandalism allegations, and the court dismissed the section 186.22(d) allegation. Subsequently, at the disposition hearing, the juvenile court adjudged appellant a ward of court; found that appellants welfare required that her physical custody be removed from her parents (Welf. & Inst. Code, 726, subd. (a)(3); ordered her committed to the Kings County Boot Camp Female Treatment Center (FTC) for a period not to exceed one year but not less than 90 days, and declared appellants maximum period of physical confinement (MPPC) (Welf. & Inst. Code, 726, subd. (c)) to be three years four months, by aggregating confinement periods for the two offenses. On appeal, appellant contends (1) the juvenile court abused its discretion in ordering appellant committed to the FTC, and (2) the inclusion in the MPPC of confinement time for both of the instant offenses violated section 654. Court reduce the MPPC by four months, the period attributable to the instant misdemeanor assault, and otherwise affirm.
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