In re Johnny J.
Johnny J. appeals from an order of wardship entered following true findings on allegations of assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1);[1]count 1), making a criminal threat ( 422; count 2), and assault with a deadly weapon ( 245, subd. (a)(1); count 3), and further allegations that both assaults were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). The minor also admitted misdemeanor vandalism ( 594, subd. (a)), which was alleged in a separate petition. He contends that the evidence was insufficient to support the true findings on count 3 and on the gang allegations, section 654 bars the consecutive maximum terms of confinement that were imposed on him, and the juvenile court erred in failing to determine whether his assault offenses were felonies or misdemeanors and in imposing overbroad conditions of probation.
Court reverse the true findings on count 3 and on the gang allegations with directions to dismiss them. Court further conclude that the juvenile court erred in failing to determine whether the count 1 assault was a felony or a misdemeanor and in imposing overbroad conditions of probation. In all other respects, Court affirm.
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