In Re Joseph M.

People v. Joseph M.

Good Law
150 Cal. App. 4th 889·2007 Cal. App. LEXIS 710·58 Cal. Rptr. 3d 756·2007 Cal. Daily Op. Serv. 5223
Court of Appeal of CaliforniaMay 10, 2007B190202California2,542 words

Opinion

Opinion

Turner, J.

The minor, Joseph M., appeals from the November 18, 2005 wardship order (Welf. & Inst. Code, § 602) and his commitment to the Division of Juvenile Justice of the Department of Corrections and Rehabilitation. The juvenile court sustained the allegation of the June 28, 2004 delinquency petition, charging th'e minor with carjacking and found he personally used a firearm in the commission of the offense. (Pen. Code, §§ 215, subd. (a), 12022.53, subd. (b).) The juvenile court set the minor’s maximum confinement time at 13 years. The minor argues the juvenile court abused its discretion in setting his maximum term of confinement. We affirm the wardship order.

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People v. Elliot (2005) 37 Cal.4th 453 , 466 [ 35 Cal.Rptr.3d 759 , 122 P.3d 968 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 ; see also In re Cheri T. (1999) 70 Cal.App.4th 1400, 1404 [ 83 Cal.Rptr.2d 397 ]; In re Babak S. (1993) 18 Cal.App.4th 1077, 1088-1089 [ 22 Cal.Rptr.2d 893 ] [standard of proof is the same in juvenile proceedings as that' required in adult…

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