In re Jonathan S.
Filed 6/30/06 In re Jonathan S. CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION TWO
| In re JONATHAN S., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JONATHAN S., Defendant and Appellant. | A110673 (Contra Costa County Super. Ct. No. J04-00899) |
Jonathan S. appeals from juvenile court jurisdictional and dispositional orders sustaining a finding of vandalism with a gang enhancement and placing him on probation. He contends there was no evidence he had the specific intent required for the gang enhancement, the court failed to exercise its discretion on the wobbler offense, and the court erred in calculating his maximum period of confinement. We conclude the case must be remanded for the trial court to exercise its discretion under Welfare and Institutions Code section 702 (and, if necessary, recalculate the maximum period of confinement in accordance with its decision on the wobbler offense), and otherwise affirm the judgment.
STATEMENT OF THE CASE
On April 27, 2005, a supplemental petition was filed under Welfare and Institutions Code section 602, alleging that appellant committed felony vandalism (Pen. Code, § 594, subd. (b)(1)[1]). The petition alleged a criminal street gang enhancement under section 186.22, subdivision (b)(1). It listed two prior offenses for purposes of disposition: a July 21, 2004 sustained petition for possession of a weapon on school grounds, and a December 21, 2004 sustained petition for probation violation.[2]
On May 2, 2005, appellant was ordered detained in Juvenile Hall pending further hearing. The jurisdictional hearing was held on May 19, 20, 26 and June 6. On June 6, the court sustained the petition and found the gang enhancement allegation true. At disposition on June 20, 2005, the court continued appellant's wardship and committed appellant to the Orin Allen Youth Rehabilitation Facility for six months, then suspended the commitment and ordered appellant released to his mother on electronic monitoring for 90 days. Appellant was ordered to attend the one-year Alliance High School program upon his release from Juvenile Hall. The court determined appellant's maximum period of confinement to be seven years four months.
Appellant filed a timely notice of appeal on June 24, 2005.
STATEMENT OF FACTS
On the morning of March 25, 2005, Contra Costa Deputy Sheriff Michael Commiskey observed that the Police Memorial, a bronze statue surrounded by a circular retaining wall, had been vandalized. Commiskey observed writing and engraving on the retaining wall, including â€
