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IN RE DAMIEN V.

No. G038495.

163 Cal.App.4th 16 (2008)

In re DAMIEN V., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. DAMIEN V., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

May 21, 2008.

Attorney(s) appearing for the Case

Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch and Marissa Bejarano, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FYBEL, J.—

INTRODUCTION

Defendant Damien V., then 17 years of age, was alleged to have committed an act of gang-related vandalism. Defendant demurred to the petition, arguing Penal Code section 186.22, subdivision (d), which provides an alternate penalty provision when the underlying offense is committed for the benefit of, at the direction of, or in association...

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