In re Ernesto H.
On August 3, 2005, the Monterey County District Attorney filed a petition under Welfare and Institutions Code section 602, alleging that a minor, committed one count of attempted, premeditated murder and four counts of assault with a deadly weapon and further alleged that in committing the offenses, the minor personally inflicted great bodily injury and acted for the benefit of a criminal street gang. (Pen. Code, $$ 186.22, subd. (b)(1), 187, 245, subd. (a), 664, 12022.7, subd. (a).)
On November 21, 2005, the court conducted a jurisdictional hearing. It sustained the allegations of attempted murder and three counts of assault with a deadly weapon, the gang allegations on each count, and the allegations of great bodily injury as to the attempted murder and one count of assault. Later, at the dispositional hearing, the court continued the minor as a ward of the court, calculated his maximum term as 29 years and seven months to life, and committed him to the California Youth Authority.
The minor appeals from the jurisdictional and dispositional orders. Appellant claims there is insufficient evidence to support the findings of (1) attempted murder, (2) premeditation and deliberation, and (3) commission of the offenses for the benefit of a street gang. Court strike the gang finding, reverse the dispositional order, and remand the matter for further proceedings.
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