In re K.D. CA4/2

INTRODUCTION

A juvenile wardship petition was filed alleging that defendant and appellant K.D.

(minor) committed attempted second degree robbery (Pen. Code,1 §§ 664, 211, count 1),

assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4), count

2), and criminal threats (§ 422, subd. (a), count 3). On May 10, 2021, a juvenile court

found counts 1 and 3 true and found count 2 not true. On May 24, 2021, the court

declared minor a ward of the court and placed him in the custody of his guardian, to be

maintained in her home on terms of probation. The court found the maximum period for

physical confinement to be three years eight months.

On appeal, minor contends: (1) there was insufficient evidence to support the

court’s true findings since the victim’s in-court identification of him was insufficient to

establish beyond a reasonable doubt that he was the perpetrator; and (2) the juvenile court

erred in setting the maximum term of confinement since minor was not removed from the

custody of his guardian. The People concede, and we agree, that the maximum term of

confinement should be stricken. Otherwise, we affirm.

FACTUAL BACKGROUND

M.B. (the…