In re George T.
Minor George T. (defendant) was charged by an amended petition with conspiracy, in violation of Penal Code section 182, subdivision (a)(1) (count one), to commit the crime of vehicle burglary, and with street terrorism, in violation of Penal Code section 186.22, subdivision (a) (count two). It was also alleged as to count one that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang. (Pen. Code, 186.22, subd. (b).) The court dismissed count one and the gang enhancement allegation. It found the allegations of count two true beyond a reasonable doubt. The court ordered that defendant continue as a ward of the juvenile court. (Welf. & Inst. Code, 602.) It also granted custody of him to the probation officer for commitment to an appropriate juvenile facility for 180 days, with credit for 102 days served. Defendant argues that the Peoples only theory was conspiracy, and that the courts finding that he aided and abetted a gang member in attempting to steal a car constituted reliance on a new theory that was neither noticed nor litigated at trial. He claims the courts action was tantamount to state interference resulting in ineffective assistance of counsel. We disagree. Notice was given in the charging section of the amended petition. Court affirm.
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