In Re Carleisha P.

People v. Carleisha P.

Good Law
144 Cal. App. 4th 912·2006 Cal. App. LEXIS 1770·2006 Daily Journal DAR 14877·50 Cal. Rptr. 3d 777·2006 Cal. Daily Op. Serv. 10416
Court of Appeal of CaliforniaNovember 9, 2006B184948California3,806 words

Opinion

Opinion

Klein, J.

In the published portion of this opinion, we address an issue of first impression and hold that Penal Code section 12101, subdivision (b) (possession of live ammunition by minor) is violated only once by a minor who simultaneously possesses three different types of ammunition. In the unpublished portion of this opinion, we hold there was sufficient evidence to support the juvenile court’s finding the minor was holding the ammunition for the benefit of a criminal street gang.

The minor, Carleisha P, was declared a ward of the juvenile court, pursuant to Welfare and Institutions Code section 602. The petition was sustained after the juvenile court found true three allegations that Carleisha had been in possession of live ammunition (§ 12101, subd. (b)). The juvenile court also found true allegations that Carleisha had been holding this ammunition for the benefit of a criminal street gang (§ 186.22, subd. (b)).

The judgment is affirmed in part and reversed in part.

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ], the evidence established the following.

1.…

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