In Re Miguel H.

People v. Miguel H.

Good Law
103 Cal. Rptr. 3d 884·180 Cal. App. 4th 1429·2010 Cal. App. LEXIS 27
Court of Appeal of CaliforniaJanuary 12, 2010B214864California2,310 words

Opinion

Opinion

Jackson, J.

INTRODUCTION

Miguel H. appeals from an order sustaining a petition under Welfare and Institutions Code section 602 after the juvenile court found he possessed tools to commit vandalism or graffiti (Pen. Code, § 594.2, subd. (a); count 2 ) and possessed etching cream/aerosol paint container with intent to deface (§ 594.1, subd. (e)(1); count 3). The court placed appellant in the care, custody, and control of the probation department subject to a previous order for community camp placement.

On appeal, appellant challenges the court’s finding that he violated section 594.1 by possessing items in a public place with the intent to deface. He also contends the juvenile court failed to calculate his maximum period of confinement or to determine that section 654 barred multiple punishment on the two counts. We agree that the case must be remanded for calculation of appellant’s maximum period of confinement and to determine the effect of section 654. In all other respects, we affirm the order.

FACTS

On September 29, 2008, Anthony France (France), a campus supervisor at Mark Keppel High School, was instructed to go to a specific classroom and find appellant, who had been…

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