In re L.H.
On January 24, 2012, a subsequent petition was filed by the Los Angeles County District Attorney alleging that minor and appellant L.H. committed an assault upon a peace officer under Penal Code[1] section 245, subdivision (c), (count 1), and second degree commercial burglary under section 459 (count 2).[2] On February 15, 2012, the district attorney amended the petition to additionally allege that minor had committed an assault with a deadly weapon under section 245, subdivision (a)(1), (count 3). An adjudication hearing was held on the same day. Thereafter, the district attorney moved to dismiss count 2, and the juvenile court made true findings as to counts 1 and 3. On February 15, 2012, the case was transferred from Los Angeles County to Riverside County.
On March 9, 2012, at the dispositional hearing, the juvenile court (1) continued minor as a ward; (2) granted minor probation; (3) committed minor to juvenile hall for not less than 55 days and not more than 110 days; and (4) ordered minor to attend anger management courses, to enroll in substance abuse counseling, and to pay restitution.
On May 7, 2012, minor filed a notice of appeal. On appeal, minor contends that the true finding as to count 3, assault with a deadly weapon, must be vacated because it is a lesser included offense of count 1, assault with a deadly weapon on a peace officer. The People concede. For the reasons set forth post, we agree with both minor and the People and shall reverse the true finding as to count 3.
Comments on In re L.H.