In re Kenneth T.
Kenneth T. (Kenneth) appeals from a dispositional order committing him to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), after the juvenile court sustained multiple counts of a Welfare and Institutions Code section 602 petition and found true certain enhancement allegations. Kenneth contends: (1) the finding that he committed an assault with a firearm (Pen. Code, 245, subd. (a)(2))[1]was not supported by substantial evidence; (2) there was insufficient evidence to support an enhancement for infliction of great bodily injury ( 12022.7); (3) his punishment for being a minor in possession of a firearm ( 12101, subd. (a)(1)) must be stayed pursuant to section 654; (4) his constitutional rights were violated because he was shackled during the contested jurisdictional hearing; (5) his maximum term of confinement violates Cunningham v. California (2007) 127 S.Ct. 856 (Cunningham); (6) the conditions of his probation must be stricken because he was committed to DJJ; and (7) the cumulative effect of the purported errors requires reversal.
Court modify the judgment such that: the eight-month term imposed on count 7 for possession of a firearm by a minor is stayed pursuant to section 654; and the probation conditions are stricken. As so modified, the judgment will be affirmed.
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