People v. Cesar V.

Appellants Cesar V. and Antonio V. challenge the juvenile court’s findings that they violated Penal Code section 415, subdivision (1) by making a challenge to fight in a public place, and its findings that these offenses were committed for the benefit of a criminal street gang (Pen. Code, § 186.22, subd. (d)). They contend that neither the substantive violations nor the gang allegations are supported by substantial evidence. Cesar and Antonio also assert, and the Attorney General concedes, that a remand is required because the juvenile court neglected to declare whether the offenses are misdemeanors or felonies. We hold that a violation of Penal Code section 415, subdivision (1) is not a specific intent offense. We find that substantial evidence supports the juvenile court’s findings, but we remand for declarations of the felony or misdemeanor status of each of the offenses.

I. Evidence Presented at the Jurisdictional Hearing

The only witnesses at the contested jurisdictional hearing were Santa Cruz Police Sergeant Loran Baker and the prosecution’s gang expert.

Baker testified that on November 19, 2009, at 12:30 p.m., he was driving east on Laurel Street just past…