In Re Deon D.

On June 9, 1987, pursuant to Welfare and Institutions Code section 602, a petition was filed charging appellant Deon D. with three counts of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(2). As to each count it was further alleged that appellant personally used a firearm within the meaning of Penal Code section 12022.5. Appellant denied the allegations of the petition. The juvenile court found the allegations in count III to be true and sustained the petition as to that count. Counts I and II were dismissed.

In a subsequent Welfare and Institutions Code section 602 petition filed on July 31, 1987, appellant was charged with three counts of rape in concert with another person or persons in violation of Penal Code sections 261, subdivision (2) and 264.1. In count IV, appellant was charged with committing a lewd and lascivious act on the body of a child under the age of 14 in violation of Penal Code section 288, subdivision (a). Appellant denied the allegations of the petition.

Following a joint trial with Mitchell G., the juvenile court found the allegations set forth in counts I and II of the petition to be true, sustained the…