In re A.B. CA2/5

Filed 5/18/15 In re A.B. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re A.B., a Person Coming Under the B258301 Juvenile Court Law. (Los Angeles County Super. Ct. No. YJ37690)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Irma J. Brown, Judge. Affirmed as modified. Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, Tasha G. Timbadia, Deputy Attorney General, for Plaintiff and Respondent. __________________________

The juvenile court sustained a petition filed pursuant to Welfare and Institutions Code section 602,1 alleging minor and appellant A.B. committed the crimes of dissuading a witness from reporting a crime (Pen. Code, § 136.1, subd. (b)(1) [count 1]), and making criminal threats (Pen. Code, § 422, subd. (a) [count 2]). The juvenile court found true as to both counts that appellant committed the charged offenses for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote, further, and assist in criminal conduct by gang members pursuant to Penal Code section 186.22, subdivision (b)(1)(B). Appellant was placed home on probation with several conditions. In its disposition order, the juvenile court set a maximum term of confinement of three years. On appeal, appellant argues, and the Attorney General concedes, that the juvenile court erred in setting a maximum term of confinement. The maximum term of confinement is stricken from the juvenile court’s order. As modified, the judgment is affirmed.