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Name: In re Damien V.
Case #: G038495
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/21/2008
Summary

Penal Code section 186.22, subdivision (d) applies to both juvenile and adult offenders. Damien, aged 17, was charged with gang-related vandalism. He demurred to the petition, arguing that Penal Code section 186.22, subdivision (d) only applies to adult offenders. The juvenile court overruled the demurrer. On appeal, Damian argued that his demurrer should have been sustained. The appellate court rejected the argument and affirmed. Considering the statutory scheme as a whole, section 186.22, subdivision (d) applies to juvenile as well as adult offenders.