In re Andrew C.
It was alleged in a juvenile wardship petition filed September 1, 2010, that appellant, Andrew C., a minor, committed two counts of second degree robbery (Pen. Code, §§ 211, 212, subd. (c); counts 2, 5) and individual counts of the following offenses: kidnapping during the commission of a carjacking (Pen. Code, § 209.5, subd. (a); count 1), carjacking (Pen. Code, § 215, subd. (a); count 3), attempted carjacking (Pen. Code, §§ 664, 215.5, subd. (a); count 4), unlawfully dissuading a witness by force or threat (Pen. Code, § 136.1, subd. (c)(1); count 6), and attempted unlawful taking or driving of a vehicle (Pen. Code, § 664; Veh. Code, § 10851, subd. (a); count 7). At the jurisdiction hearing, on December 14, 2010, the court found true all allegations except for count 7, which it dismissed as not proved true beyond a reasonable doubt.
On April 19, 2011, at the subsequent disposition hearing, the court adjudged appellant a ward of the court, ordered him committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice and set his maximum term of physical confinement at seven years to life plus nine years two months, based on the instant offenses and offenses adjudicated in a prior wardship proceeding.
On appeal, appellant contends (1) the evidence was insufficient to support his adjudication of the count 4 attempted carjacking, and (2) the juvenile court erroneously considered evidence of other misconduct by appellant, thereby impermissibly lessening the prosecution’s burden of proof as to count 4, in violation of his due process rights. We affirm.
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