In re Steven C.
At the conclusion of an adjudication hearing held in June 2007, the juvenile court found true allegations contained in a juvenile wardship petition (Welf. & Inst. Code, 602; 777, subd. (a))[1]filed on May 8, 2006, that on May 5, 2006, appellant Steven C. discharged a firearm at an occupied building or vehicle in violation of Penal Code section 246, the offense was committed for the benefit of a criminal street gang pursuant to Penal Code section 186.22, subdivision (b)(1) and during the commission of the offense, Steven personally used a firearm in violation of Penal Code section 12022.5, subdivision (a), and sustained the petition. Following a disposition hearing held later that same month, the court ordered Steven committed to the Department of Corrections and Rehabilitation, Juvenile Justice (DCRJJ), formerly known as the California Youth Authority (CYA). The court also declared Stevens maximum period of physical confinement (MPPC) to be 22 years, six months, based on the instant offense and enhancements, as well as offenses adjudicated in prior wardship proceedings.
The orders sustaining the petition and committing Steven to the Department of Corrections and Rehabilitation, Juvenile Justice, are affirmed. The matter is remanded to the juvenile court with directions to (1) strike the Penal Code section 12022.5, subdivision (a) gun enhancement and (2) calculate the maximum period of physical confinement based on the facts and circumstances before it. The court is directed to prepare an amended commitment order reflecting these changes and forward a certified copy to the Department of Corrections and Rehabilitation, Juvenile Justice.
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