Ventura

Appellant, a 16-year-old, was convicted of the crime of murder in the second degree after a jury trial, on September 29, 1983. Enhancement allegations pursuant to Penal Code section 12022, subdivision (a) (principal armed with a firearm, to wit, a handgun), and Penal Code sections 12022.5, and 1203.06 (personal use of said handgun) were found to be true. After a 90-day evaluation and report by the Youth Authority (Welf. & Inst. Code, § 707.2), on January 27, 1984, appellant was sentenced to the term prescribed by law (15 years to life) (Pen. Code, § 190), plus an additional 2 years to run consecutively on the enhancement (Pen. Code, §§ 12022.5, 1203.06) a total of 17 years to life in state prison. The enhancement pursuant to Penal Code section 12022, subdivision (a), was stayed.

On April 30, 1982, in the area of 6th and Union Streets in the City and County of Los Angeles between 10:30 and 11:30 p.m., appellant shot one Oscar Bernal in the chest. As the victim fled, appellant shot him from behind a second time in the area of the upper right thigh and then drove off. Victim succumbed to the gunshot wound to his chest.

Contentions

Appellant appeals from the judgment of…