In Re Peter F.
People v. Peter F.
Opinion
Opinion
Fybel, J.
Introduction
Peter E, a minor, was charged with, inter alia, four counts of brandishing a deadly weapon in violation of Penal Code section 417, subdivision (a)(1). (All further statutory references are to the Penal Code.) At two separate times, Peter waved a knife and/or a box cutter in a threatening manner. Each time, two people were present.
We conclude, and the Attorney General agrees, Peter could properly be charged with only one count of brandishing a deadly weapon in connection with each separate incident, for a total of two counts, no matter how many individuals were present and witnessed his actions. Therefore, we remand the case to the juvenile court to strike two of the four counts of brandishing a deadly weapon in violation of section 417, subdivision (a)(1).
Statement of Facts
Friends Elizabeth C., Jeremiah R., and Frank A. were hanging out at My Coffee Shop in Buena Park between 2:30 and 3:00 p.m. on July 24, 2004. Another friend, Summer E., was working at the coffee shop. Peter and his cousin Christian G. were passing by the coffee shop and were going to stop and talk to Summer. Peter and Christian got into a verbal altercation with Jeremiah and Frank.…