West

In this appeal defendant challenges certain provisions of that initiative measure familiarly known as the “Victim’s Bill of Rights.” (See Brosnahan v. Brown (1982) 32 Cal.3d 236 [ 186 Cal.Rptr. 30 , 651 P.2d 274 ].) The issue presented is whether enhancement of an adult criminal offender’s sentence based on prior juvenile adjudications of criminal misconduct is permissible. We find it is not and shall modify defendant’s sentence accordingly.

A jury convicted defendant of burglary (Pen. Code, § 459), robbery (Pen. Code, § 211), and assault (Pen. Code, § 245, subd. (a)), with findings he was armed with a pistol and personally inflicted great bodily injury on the victim as to both the robbery and the assault. (Pen. Code, §§ 12022, 12022.7.) The trial court imposed the upper term of five years for the robbery and a consecutive term of three years for the great bodily injury enhancement. (Pen. Code, §§ 213, 12022.7.) A concurrent term of one year was imposed for the firearm enhancement. (Pen. Code, § 12022.) Execution of sentence on the burglary and assault counts was stayed pursuant to Penal Code section 654 and the weapon and great bodily injury findings as to the assault…