Opinion
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County No. YJ33634, Wayne Denton, Judge.
James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.
KLEIN, P. J.
J.L. appeals an order of wardship under Welfare and Institutions Code section 602 based on J.L.’s admission he committed three counts of first degree burglary and the juvenile court’s finding he committed first degree burglary and assault by means of force likely to produce great bodily injury. (Pen. Code, §§ 459, 245, subd. (a)(1).) With respect to the counts that went to adjudication, the juvenile court found criminal street gang allegations untrue. (Pen. Code, § 186.22, subd. (b)(1).) However, the minute order prepared after the adjudication indicates the juvenile court sustained a criminal street gang enhancement with respect to the count of first degree burglary. We order the minute order corrected to reflect the juvenile court’s untrue finding with respect to the criminal street gang enhancement and otherwise affirm the order of wardship.
J.L. does not contest the sufficiency of the evidence to support the findings of the juvenile court. We therefore omit a summary of the facts underlying the alleged offenses.
March 8, 2010, J.L. admitted the allegations of two delinquency petitions, each of which alleged one count of first degree burglary, and was placed home on probation.
On July 19, and 20, 2010, and August 4, 2010, the juvenile court adjudicated a delinquency petition filed July 7, 2010. After hearing evidence related to the petition, the juvenile court found J.L. had committed first degree burglary and assault by means of force likely to produce great bodily injury but found not true allegations the charged offenses had been committed for the benefit of a criminal street gang. However, the minute order of the proceedings of August 4, 2010, indicates the juvenile court sustained count 1 of the petition filed July 7, 2010, alleging first degree burglary, “with enhancement.”
On August 10, 2010, J.L. admitted the allegations of another delinquency petition alleging first degree burglary and was placed in a long-term camp-community placement program.
DISCUSSION
J.L. contends the minute order of the proceedings of August 4, 2010, must be corrected to conform to the juvenile court’s oral pronouncement of judgment. (People v. Mitchell (2001) 26 Cal.4th 181, 185.)
The People concede the point and it appears their concession is well taken. (See People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2 [oral pronouncement controls over clerk’s minute order].) We shall therefore order the minute order of the proceedings of August 4, 2010, corrected to strike the true finding on the criminal street gang enhancement with respect to count 1.
DISPOSITION
The juvenile court is ordered to correct the minute order of the proceedings of August 4, 2010, to strike the true finding on the criminal street gang enhancement with respect to count 1. In all other respects, the order of wardship is affirmed.
We concur: CROSKEY, J., ALDRICH, J.