CA5

INTRODUCTION

On July 9, 2013, a petition was filed pursuant to Welfare and Institutions Code section 602, alleging that David V., appellant, possessed a concealable firearm (Pen. Code, § 29610, count 1),1 possessed live ammunition (§ 29650, count 2), and actively participated in a criminal street gang (§ 186.22, subd. (a), count 3). An enhancement was alleged on count 1 that appellant committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)). At the conclusion of a contested jurisdictional hearing on August 6, 2013, the juvenile court found all of the allegations in the petition true beyond a reasonable doubt.2 At the disposition hearing on August 13, 2013, the juvenile court placed appellant on probation upon various terms and conditions including that he serve 39 days in juvenile hall with 39 days credit for time already served and perform 32 hours of community service in the Juvenile Work Program. Appellant contends there was insufficient evidence to sustain the gang enhancement on count 1 and insufficient evidence of count 3. Respondent replies that there was substantial evidence to support the gang enhancement but concedes there was…