People v. Daniel C.

*1353 Opinion

I. Introduction

Appellant was declared a ward of the juvenile court based on findings that he had committed a robbery in which he used a dangerous and deadly weapon and personally inflicted great bodily injury on the victim. The juvenile court also found true an enhancement allegation that appellant had committed the robbery for the benefit of, at the direction of, and in association with, a criminal street gang.

On appeal, appellant challenges only the true finding on the gang enhancement. We agree this finding is not supported by substantial evidence that appellant committed his crime with the specific intent to promote, further, or assist in criminal conduct by gang members. Accordingly, we reverse the portion of the judgment finding the enhancement true, and remand for a rehearing on disposition.

II. Facts and Procedural Background

Around midnight on June 4, 2010, Jeffrey Chamblee, an assistant manager at a supermarket, saw three young men pictured on the store’s surveillance cameras, walking back and forth inside the store. Based on Chamblee’s experience as a loss prevention manager, the men’s behavior roused his suspicions, so he focused his attention on…