In Re Jose T.

In this juvenile court case, we are asked to decide whether there was sufficient evidence to sustain a petition as to a robbery allegation and to support a finding that a criminal street gang sentence enhancement was true. We conclude that substantial evidence exists to support both the robbery allegation and the criminal street gang enhancement.

Procedural Background

After an adjudication, the juvenile court sustained a petition as to attempted murder and robbery. It also found to be true a criminal street gang sentence enhancement under Penal Code section 186.22, subdivision (b)(1), part of the California Street Terrorism Enforcement and Prevention Act (Pen. Code, § 186.20 et seq.). Appellant, a minor, was committed to the California Youth Authority for a maximum period of nine years for the attempted murder, plus two years consecutive for the criminal street gang sentence enhancement, for a total of eleven years. The term on the robbery allegation was stayed pursuant to section 654. Appellant received 82 days of predisposition credit. Appellant appeals from the order and judgment of the juvenile court declaring him to be a ward of the court, under section 602 of the…