Fear Not Law Articles: In re Alex A.

In re Alex A.

Filed 8/30/06 In re Alex A. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re ALEX A., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

ALEX A.,

Defendant and Appellant.

E038345

(Super.Ct.No. J191318)

OPINION

APPEAL from the Superior Court of San Bernardino County. Douglas N. Gericke, Judge. Affirmed.

Andrew E. Rubin, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Rhonda Cartwright-Ladendorf, Supervising Deputy Attorney General, and Erika Hiramatsu, Deputy Attorney General, for Plaintiff and Respondent.

Defendant and appellant Alex A. (minor) admitted as true the allegation in a Welfare and Institutions Code section 602 petition that charged him with grand theft from a person (Pen. Code, § 487, subd. (c).)^[1] At a contested dispositional hearing, the prosecution sought to require minor to register as a gang member under section 186.30. The court found by a preponderance of the evidence that the grand theft committed by minor was gang related, within the meaning of section 186.30. The court thus ordered minor to register as a gang member within 10 days of his release.

On appeal, minor contends that: 1) the juvenile court improperly utilized the preponderance of the evidence standard of proof in determining whether his crime was gang related; and 2) there was insufficient evidence to support the court's finding that minor's crime was gang related. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On February 15, 2005, minor and his cohort asked two individuals (the victims), â€

Description	Defendant and appellant minor admitted as true the allegation in a Welfare and Institutions Code section 602 petition that charged him with grand theft from a person. At a contested dispositional hearing, the prosecution sought to require minor to register as a gang member under section 186.30. The court found by a preponderance of the evidence that the grand theft committed by minor was gang related, within the meaning of section 186.30. The court thus ordered minor to register as a gang member within 10 days of his release. On appeal, minor contends that: 1) the juvenile court improperly utilized the preponderance of the evidence standard of proof in determining whether his crime was gang related; and 2) there was insufficient evidence to support the court's finding that minor's crime was gang related. Court affirm.
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