People v. Damien V.

*19Opinion

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 with a criminal street gang, only applies to adult offenders, not juveniles. (All further statutory references are to the Penal Code, unless otherwise noted.) The juvenile court overruled the demurrer; defendant admitted the…