In Re Jose D.

People v. Jose D.

Good Law
1990 Cal. App. LEXIS 336·219 Cal. App. 3d 582·268 Cal. Rptr. 364
Court of Appeal of CaliforniaApril 9, 1990B040876California2,378 words

Opinion

Opinion

Ashby, J.

Jose D. appeals from the juvenile court’s order declaring him a ward of the court (Welf. & Inst. Code, § 602) by reason of his having committed attempted second degree murder during which he inflicted great bodily injury as a result of discharging a firearm from a motor vehicle (Pen. Code, §§ 664/187, 12022.55) and two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)). He contends: “I. Insufficient evidence was presented to support the finding that appellant was an aider and abettor. II. The finding pursuant to Penal Code section 12022.55 was improper.”

We conclude appellant was properly found guilty of the charged crimes as an aider and abettor, but the court erred in finding true the alleged enhancement under Penal Code section 12022.55, since appellant was not the shooter.

Viewed in accordance with the usual standard governing appellate review (In re Dennis B. (1976) 18 Cal.3d 687, 697 [ 135 Cal.Rptr. 82 , 557 P.2d 514 ]), the evidence established that about 11 a.m. on October 4, 1988, a small blue Toyota automobile with two girls in back and two boys, later identified as appellant and Aaron G., in front, approached Nancy C. and Sheila R. as they…

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