In re Matthew M.
Appellant Matthew M., a minor, admitted allegations, contained in three separate juvenile wardship petitions (Welf. & Inst. Code, 602), that he carried a concealed firearm while he was an active participant in a criminal street gang (Pen. Code, 12025, subd. (b)(3)); committed that offense for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further or assist in criminal conduct by gang members (Pen. Code, 186.22, subd. (b)(1)); carried concealed on his person a dirk or dagger (Pen. Code, 12020, subd. (a)); in committing that offense, violated probation granted in a prior wardship proceeding; possessed a firearm, after having been previously adjudicated of a felony (Pen. Code, 12021, subd. (a)(1)); and violated probation in committing that offense. Following the subsequent disposition hearing, the juvenile court ordered appellant committed to the California Youth Authority, which is now known as the Department of Corrections and Rehabilitation, Juvenile Justice (DCRJJ). The court declared appellants maximum period of physical confinement (MPPC) to be nine years four months, consisting of three years for carrying a concealed firearm; five years for the accompanying gang enhancement; and eight months on each of the two remaining offenses. On appeal, appellant contends the juvenile court erroneously failed to exercise its discretion under section 731, subdivision (b) (section 731(b)) in setting the MPPC. Court affirm.
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