In re F.R.
F.R., appellant, born in 1994, appeals from the order of wardship (Welf. & Inst. Code, § 602) entered after the juvenile court sustained the petition alleging he committed second degree robbery (Pen. Code, § 211)[1] and felony assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)), which offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The court ordered appellant placed in a camp-community placement program for nine months; set his maximum term of confinement at 29 years and eight months; and awarded him 109 days predisposition custody credit.
Appellant contends the evidence is insufficient to support the true findings on the robbery and assault charges and on the gang-related enhancements. He contends his maximum confinement term was miscalculated, because the term on the assault charge should have been stayed (§ 654) and the gang enhancement, which is a “status†enhancement, should have been applied only once. He further contends he is entitled to an additional 93 days of custody credit.
The People concede the term on the assault charge should have been stayed and contend the maximum confinement term should be modified to 18 years and four months. The People also contend that appellant failed to provide an adequate record to address his custody credit claim. In reply, appellant acknowledges the record is inconclusive and indicates his intent to pursue his claim before the juvenile court.
Based on our review of the record and applicable law, we modify the order to reflect the term on the assault charge is stayed and the maximum confinement term is 18 years and four months. In all other respects, we affirm the order.
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