In re H.S.
In the course of a fight in the parking lot of Kentucky Fried Chicken, the minor, H. S., pulled out a knife and swung it at the victim, J. M. J.M.s head was cut open and he was left with several scars. The minor was charged with assault with a deadly weapon (a knife) and criminal threats. It was further alleged the minor had personally used a deadly weapon and personally inflicted great bodily injury.
On appeal, the minor contends the personal use sentencing enhancement should be stricken and the maximum period of confinement should be corrected to four years eight months. The People do not address the first point, but properly concede the latter. Court agree with the minor on both points.
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