In re F.M.
F.M., the minor, was adjudged a ward of the court under Welfare and Institutions Code section 602 based on the juvenile courts finding that he committed robbery (Pen. Code, 211)[1] and assault with force likely to cause great bodily injury ( 245, subd. (a)(1)), both with gang ( 186.22, subd. (b)) and great bodily injury ( 12022.7) enhancements, and participation in a criminal street gang ( 186.22, subd. (a)). The court set a maximum confinement period of 18 years and ordered general out-of-home placement. On appeal, the minor challenges the gang offense and enhancements. He contends there is insufficient evidence of participation in a criminal street gang because the gang experts testimony and the minute orders of other cases used to prove the pattern of criminal activity are hearsay. He contends there was insufficient evidence of the primary activities of the gang or of his specific intent to benefit the gang to sustain the gang enhancements. Finally, he contends the matter must be remanded for a reunification plan under Welfare and Institutions Code section 727.2.
Comments on In re F.M.