In Re Ronnie N.
People v. Ronnie N.
Opinion
Opinion
White, J.
On June 9, 1984, while walking to a bus stop with a friend, Erica McCoy was shot in the mouth with a B-B gun. Two of the victim’s teeth were chipped in half. Appellant, Ronnie N., was identified as the assailant. A petition was filed on July 23, 1984, in the Alameda County Superior Court, sitting as a juvenile court. The petition alleged that appellant came within the provisions of the Welfare and Institutions Code section 602 in that he violated (count I) Penal Code section 245, subdivision (a)(1) (assault with a deadly weapon or with force likely to produce great bodily injury), and (count II) Penal Code section 243, subdivision (d) (battery causing serious bodily injury).
On October 16, 1984, a hearing was held and both allegations of the petition were found true. Disposition of count II was stayed pending the completion of the sentence on count I.
On October 22, 1984, appellant appealed to this court on the ground that he could not be convicted of both offenses, arguing that felony assault is a lesser included offense of felony battery. For reasons we state below, we affirm the findings of the juvenile court.