In re Desmond V. CA5
In December 2016, while Desmond V. was being housed in the Juvenile Detention Facility (detention facility) in Tulare County, he became involved in an altercation involving an assault of several probation officers and facility personnel in coordination with other juveniles housed in the facility. Desmond was charged with 12 counts alleging he committed assaults, personally inflicted great bodily injury, and committed the offenses for the benefit of a criminal street gang. The juvenile court found most of the allegations true except for two counts dismissed on the People’s motion and the allegations Desmond inflicted great bodily injury. As set forth more specifically below, Desmond challenges the sufficiency of the evidence to support five counts and the related gang enhancement allegations. He also challenges gang enhancement allegations related to three counts.
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