In re Alfredo L. CA4/3

Filed 6/27/14 In re Alfredo L. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re ALFREDO L., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G049391 Plaintiff and Respondent, (Super. Ct. No. DL037087) v. OPINION ALFREDO L.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard Y. Lee, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, William M. Wood and Brendon W. Marshall, Deputy Attorneys General, for Plaintiff and Respondent.

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Minor Alfredo L. has been a ward of the court under Welfare and Institutions Code section 602 since 2010. The current petition alleged he possessed a dirk or dagger (Pen. Code, § 21310; all further statutory references are to this code), a felony, for the benefit or direction of, or in association with FOLKS (Family of Latin Kings Surenos), a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by members of the gang. (§ 186.22, subd. (b).) During the adjudication hearing, the court denied minor’s motion to dismiss the criminal street gang enhancement due to insufficient evidence. It found the felony allegation and the gang enhancement to be true, declared minor a ward of the court, and sentenced him to juvenile hall for 120 days with 61 days credit. Minor contends insufficient evidence supports the gang enhancement. We disagree and affirm the judgment.

FACTS