In re N.C.
The juvenile court sustained a Welfare and Institutions Code section 602 petition against minor N.C. The petition alleged N.C. committed second degree robbery and assault with a firearm. The petition also alleged N.C. personally used a firearm in the commission of these offenses. On appeal, N.C. raises two arguments. First, because the court struck the firearm-use allegations, appellant contends the evidence was insufficient to support a finding that he committed an assault with a firearm. Second, appellant argues the court violated Penal Code section 654 by adding a term for the assault charge in calculating the maximum term of confinement. Court conclude substantial evidence supported the trial courts finding that N.C. committed an assault with a firearm. The victims testimony about the guns appearance and the way N.C. used it supported a reasonable inference that the gun was not a toy but was real and loaded. The juvenile courts dismissal of the firearm use enhancement allegations was not an implied finding that N.C. did not commit assault with a firearm. The court erred, however, by adding a term for the assault charge to appellants maximum confinement term. Penal Code section 654 barred additional punishment for the assault, because it was based on the same criminal objective and conduct as the robbery.
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