In Re Johnny R.

The minor, aged 12 at the time of the offense, was charged in a wardship petition filed with the juvenile court of one count of assault with a deadly weapon in violation of Penal Code section 245, subdivision (a)(1). It was further alleged that the minor inflicted great bodily injury on the victim.

The adjudication hearing commenced on May 25,1994. On May 26,1994, the prosecutor filed an amended petition adding an additional count of possession of a dirk or dagger in violation of section 12020, subdivision (a). At the conclusion of the adjudication hearing, the juvenile court sustained the petition and made a true finding as to the section 12020, subdivision (a) charge, and dismissed count 1 of the petition. The minor has appealed the true finding, asserting that his right to be free from being twice placed in jeopardy for the same offense and his due process rights were violated by the amendment of the petition midtrial to add a new, but related, charge. Although we reject the minor’s double jeopardy arguments, we find the juvenile court erred in permitting amendment to the petition and reverse the true finding and direct the juvenile court to dismiss the underlying…