In re Jonathan C.
Following a contested jurisdictional hearing, the juvenile court sustained an allegation against Jonathan C. (appellant) that he committed battery (Pen. Code, S 242) and that the battery was committed with the intent to assist a criminal street gang (S 186.22, subd. (d)). The court adjudged appellant a ward of the court, declared the offense a felony under section 186.22, subdivision (d), and placed him on probation, ordering that he serve five days in juvenile hall and 49 days on house arrest.
Appellant contends there was insufficient evidence to support the section 186.22, subdivision (d) alternative sentencing provision. Specifically, he contends that there is insufficient evidence that the primary activity of the gang was the commission of the violent crimes enumerated in section 186.22, subdivision (e), and insufficient evidence that he committed the battery with the specific intent that it promote the gang. Court find no merit to appellant's claims and affirm.
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