In re Raymond R.
Defendant and appellant Raymond R., a minor, appeals from a juvenile court judgment finding he made a terrorist threat in violation of Penal Code section 422[1]and committed the offense for the benefit, at the direction of, and in association with a criminal street gang within the meaning of section 186.22, subdivision (b)(1). He claims there is insufficient evidence to support the judgment. Defendant also argues his case must be remanded because the juvenile court did not (1) declare the section 422 offense either a felony or a misdemeanor as required by Welfare and Institutions Code section 702; and (2) did not establish a maximum period of confinement as required by Welfare and Institutions Code section 726, subdivision (c).
The matter is reversed and remanded to allow the juvenile court to clarify whether the Penal Code section 422 offense is a felony or misdemeanor pursuant to Welfare and Institutions Code section 726, subdivision (c), and to then specify the maximum term of confinement pursuant to Welfare and Institutions Code section 726. In all other respects, the judgment is affirmed.
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