In re D.M.
Appellant D.M. (born 1991) was adjudged a ward of the court after the juvenile court found true the allegations that he committed count I, felony assault by means of force likely to produce great bodily injury (Pen. Code,[1] 245, subd. (a)(1)) with a gang enhancement ( 186.22, subd. (b)(1)), and count III, misdemeanor battery ( 242). On appeal, he contends the testimony of the prosecutions gang expert lacked sufficient foundation because it was based on speculation and unreliable hearsay. He further asserts the gang enhancement is not supported by substantial evidence because the prosecution failed to prove appellants membership in a specific gang, and that the primary activities of such a gang were the criminal offenses enumerated by statute. Finally, he contends the gang enhancement must be stricken because of a pleading error in the juvenile petition. Court affirm.
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