In re Raymond L
Filed 5/9/06 In re Raymond L. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re RAYMOND L., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. RAYMOND L. Defendant and Appellant. | F048165 (Super. Ct. No. JJD057190)
O P I N I O N |
APPEAL from a judgment of the Superior Court of Tulare County. William Silveira, Judge.
Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Kathleen A. McKenna and Connie A. Proctor, Deputy Attorneys General, for Plaintiff and Respondent.
The juvenile court committed Raymond L. (appellant) to the California Youth Authority (CYA) for a maximum period of confinement (MPC)[1] after finding he committed the offenses of shooting at an occupied vehicle (Pen. Code,[2] § 246; count 2); assault with a firearm (§ 245, subd. (a)(2); count 3); carrying a loaded, unregistered firearm (§ 12031, subd. (a)(1); count 4); carrying a concealed firearm in a vehicle (§ 12025, subd. (a)(1); count 5); delaying or obstructing a peace officer (§ 148, subd. (a)(1); count 7); and possessing a concealable firearm (§ 12021, subd. (a); count 9). The juvenile court also found true the personal firearm use enhancement in count 3 (§§ 12022.5, subds. (a) & (d), 1192.7, subd. (c)(8)). On appeal, appellant contends his eight-month sentence for carrying a loaded firearm (count 4) and his consecutive, four-month sentence for concealing that firearm in a vehicle (count 5) violate section 654's prohibition on multiple punishment. Appellant also believes the court erred in failing to consider reducing the MPC based on his individual facts and circumstances. We agree with appellant's MPC contention and will remand for a new disposition.
BACKGROUND[3]
On July 11, 2004, Visalia Police Officer Robert Gonzalez responded to the location where appellant had reportedly shot at a Jeep Cherokee occupied by Marcus Moran. There, Officer Gonzalez stopped a green minivan. Appellant got out of the driver's side and ran away. As he chased appellant, Gonzalez saw appellant pull a beer can out of his pocket and a gun from his waistband, and throw both on the ground.
Officers caught up with appellant and arrested him after he initially failed to comply with their orders to put his hands behind his back. Appellant was then searched by Officer Jared Whaley. Officer Whaley found five, .22-caliber cartridges, a pipe used for smoking marijuana, a red bandana, and a white plastic baggie containing a green leafy substance which appeared to be marijuana. After appellant was apprehended, Gonzalez returned to the area where he had seen appellant throw the gun. Gonzalez found a loaded, .22-caliber revolver. Moran was brought to appellant's location for an infield showup. When he saw Moran, appellant said, â€
