In re Alejandro C. CA5

Filed 6/9/14 In re Alejandro C. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re ALEJANDRO C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F068383

Plaintiff and Respondent, (Super. Ct. No. JJD066728)

v. ALEJANDRO C., OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Karriem Baker, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Gomes, Acting P.J., Kane, J., and Poochigian, J.

It was alleged in a juvenile wardship petition that appellant, Alejandro C., a minor, committed assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1), count 1)1 and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4), count 2); that he committed both offenses for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1));2 and that he was subject to the punishment provisions of section 186.22, subdivision (b)(1)(C).3 Following a contested jurisdiction hearing, the juvenile court found true the count 2 assault and gang enhancement allegations. The court found the count 1 assault allegation not true. At the subsequent disposition hearing, the juvenile court adjudged appellant a ward of the court; placed appellant on probation; ordered him committed to the Tulare County Youth Facility for 365 days, with that commitment stayed pending successful completion of probation; ordered that appellant reside in the custody of his parents; and modified the true finding on the gang enhancement to reflect that appellant was subject to the punishment provisions set forth in section 186.22, subdivision (b)(1)(A).4