In re Aurelio T.
The court readjudged appellant, Aurelio T., a ward of the court (Welf. & Ins. Code, 602) after it sustained allegations charging him with one count each of possession of a concealed weapon (count 1/Pen. Code 12101, subd. (a)),[1]possession of a dangerous weapon (count 2/ 12020, subd. (a)), carrying a concealable firearm by an active street gang member (count 3/ 12025, subd. (b)(3)) and allegations in counts 1 and 2 that the underlying offenses were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). On April 13, 2006, the court committed appellant to 365 days in juvenile hall. On appeal, Aurelio contends: (1) the evidence is insufficient to sustain the gang enhancement in counts 1 and 2; (2) the evidence is insufficient to sustain the courts true finding with respect to count 3; and (3) the court erred in calculating his maximum term of confinement. Court find merit to Aurelios second and third contentions. In all other respects, Court affirm.
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