In re Alexis Z.
The juvenile court declared Alexis Z. a ward (Welf. & Inst. Code, § 602) after sustaining allegations he committed assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)),[1] assault with a deadly weapon (§ 245, subd. (a)(1)); battery resulting in serious bodily injury (§ 243, subd. (d)); possession of metal knuckles (§ 12020, subd. (a)(1)) and misdemeanor battery (§ 242).[2]
The court found the maximum period of confinement to be seven years. The court placed Alexis on probation and committed him to the Short Term Offender Program for a period not to exceed 90 days.
Alexis appeals, contending the true finding on the misdemeanor battery count must be reversed because the crime is a lesser included offense of felony battery, and the true finding of assault with force likely to cause great bodily injury count must be reversed because it is duplicative of the true finding on the assault with a deadly weapon count. Alexis also contends the court violated his due process rights by questioning a defense witness.
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