F.D.
People v. F.D.
Opinion
Lead Opinion
Wiseman, J.
This case presents the question of whether Proposition 21 abolished probation without any confinement time as a disposition in juvenile delinquency proceedings which the prosecutor had the option of filing directly in adult court, but chose to file in juvenile court. It is unnecessary for us to answer that question, however, because here the juvenile court imposed a 30-day juvenile hall commitment in addition to probation. We reject the People’s contention that the juvenile hall commitment did not count because the court also granted the minor 30 days’ credit for time served and ordered him immediately to begin serving his probation in the custody of his mother. We affirm the judgment.
FACTUAL AND PROCEDURAL HISTORIES
As part of a plea bargain, F.D. admitted charges of assault by means of force likely to cause great bodily injury for the benefit of a criminal street gang (Pen. Code, §§ 245, subd. (a)(1), 186.22, subd. (b)), second degree burglary (Pen. Code, § 459), and disobeying an antigang injunction (Pen. Code, § 166, former subd. (a)(9)). Two other counts were dismissed. He was 16 at the time of the offenses.