In re Carlos S. CA2/7
Carlos S. appeals from the juvenile court’s order of wardship based on a sustained Welfare and Institutions Code section 602 petition that alleged one count of felony vandalism (Pen. Code, § 594) with a gang enhancement (Pen. Code, § 186.22, subd. (d)). On appeal, Carlos challenges the sufficiency of the evidence supporting the juvenile court’s true finding on the gang enhancement allegation, and its finding that the underlying offense caused $400 or more in damage, as required for a felony offense. Carlos also raises various claims about the People’s alleged reliance on certain cost-averaging restitution provisions to prove that the vandalism was a felony. We conclude there was substantial evidence to support the gang enhancement finding, but not the felony vandalism finding. We accordingly reverse the juvenile court’s order in part and remand the matter for further proceedings consistent with this opinion.
Comments on In re Carlos S. CA2/7