In re Daniel G.
Following a contested jurisdiction hearing, the juvenile court found true allegations set forth in a juvenile wardship petition that appellant Daniel G. committed (1) first degree burglary, a serious and violent felony (Pen. Code, §§ 459, 1192.7, subd. (c), 667.5, subd. (c))[1] for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) (count 1), (2) receiving stolen property (§ 496, subd. (a)) for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)) (count 2), (3) participation in a criminal street gang, a serious felony (§§ 186.22, subd. (a), 1192.7, subd. (c)) (count 3), and (4) grand theft of a firearm (§ 487, subd. (d)(2)) (count 4).[2] The court granted Daniel’s motion to dismiss a fifth count alleged in the petition pursuant to Welfare and Institutions Code section 701.1. Following the subsequent disposition hearing, the court declared Daniel a ward of the juvenile court and ordered him to serve 90 days in juvenile hall. The court calculated Daniel’s maximum term of confinement as 19 years.
On appeal, Daniel contends (1) the evidence is insufficient to sustain the juvenile court’s findings that he committed the charged offenses and enhancements, and (2) his maximum term of confinement violated section 654. We find merit to Daniel’s first contention with respect to counts 1 and 4, and reverse the court’s true findings as to those counts, as well as the gang enhancement attached to count 1, and remand for a new dispositional hearing. In all other respects, we will affirm.
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