In re Steven L.
Filed 3/24/06 In re Steven L. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
In re STEVEN L., a Person Coming Under
the Juvenile Court Law.
THE PEOPLE, H028321
Plaintiff and Respondent, (Monterey County
Superior Court
v. No. J38655)
STEVEN L.,
Defendant and Appellant.
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The Monterey County District Attorney's Office filed a petition under Welfare and Institutions Code section 602, which alleged that appellant Steven L. committed first degree murder (Pen. Code, § 187, subd. (a) - count 1),[1] assault by force likely to produce great bodily injury (§ 245, subd. (a)(1) - count 2), participation in a criminal street gang (§ 186.22, subd. (a) - count 3), and fighting in public (§ 415, subd. (1) - count 4). The petition also alleged that appellant committed the offenses to benefit a criminal street gang (§ 186.22, subds. (b)(1), (d)). Following a contested hearing, the juvenile court dismissed count 1 and sustained counts 2, 3, and 4. The juvenile court then committed appellant to the California Youth Authority for a maximum term of nine years and eight months. On appeal, appellant contends: (1) there was insufficient evidence to support the findings that he committed assault by force likely to produce great bodily injury; (2) the juvenile court abused its discretion by failing to exercise its independent judgment in calculating the maximum term of confinement; (3) the juvenile court erred in its calculation of the term for count 4; and (4) section 654 bars a consecutive term on count 3. The order is reversed and the matter is remanded for a new dispositional hearing to permit the juvenile court to set the maximum period of confinement under Welfare and Institutions Code section 731.
I. Statement of Facts
A. Counts 1 and 2
On January 14, 2004, 17-year-old Christian S. got off the school bus with his girlfriend, Caira V., near the intersection of Garner Street and Alamo Way in Salinas. As they were walking home, Christian saw appellant and Orlando G. drive by in a truck. Orlando and appellant exited the truck and approached Christian. Christian and Caira then turned and walked quickly in the opposite direction to avoid them. Appellant and Orlando were Norteno gang members, and Christian associated with the Sureno gang.
Appellant and Orlando followed the couple while yelling â€
