In re Juan R.
The court adjudged appellant, Juan R., a ward of the court (Welf. and Inst. Code, S 602) after it sustained allegations charging him with assault with a deadly weapon (count 1/Pen. Code, S 245, subd. (a)(1)), challenging another person to fight (count 2/Pen. Code, S 415, subd. (1)), and brandishing a deadly weapon (count 3/Pen. Code, S 417, subd. (a)(1)). The court also found true a gang enhancement in count 1 (Pen. Code, S 186.22, subd. (b)(1)(B)) and allegations in counts 2 and 3 that the underlying offense in those counts were committed for the benefit of a street gang (Pen. Code, S 186.22, subd. (d)). On March 17, 2006, the court set Juan's maximum period of physical confinement (MPPC) at 11 years 8 months and placed him in the custody of the probation officer for placement in the Youth Treatment Center for 45 to 180 days. On appeal, Juan contends: 1) the evidence is insufficient to sustain the court's finding that he committed assault with a deadly weapon; 2) the court's disposition order violated Penal Code section 654; and 3) the court erred in setting his MPPC. Court affirm.
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