In re Michael D. CA4/3

FACTS

In late 2011 and early 2012, Michael was detained in juvenile hall on a petition (petition 001) alleging he committed various crimes for the benefit of, and he was an active participant in, Orange Varrio Cypress (OVC). During this incarceration, Michael and other minors caused two major disruptions by banging on the doors of their units and yelling. On both occasions, Michael was heard yelling, “OVC.” Michael also caused a third disruption by engaging in what is known as a gang rollcall, in which he repeatedly yelled out his room number and gang affiliation and asked the other juveniles to do the same.

All further statutory references are to the Penal Code, unless otherwise indicated.

2 In early January 2012, a juvenile correctional officer found “OVCX3” carved into the window in Michael’s cell. She knew these letters had not been on the window the night before, and that Michael was the sole resident in the cell. As a result, the Orange County District Attorney filed a second petition (petition 002) alleging Michael committed an act of vandalism by carving these letters into the window, and he committed this criminal act with the specific intent to promote,…