In Re George M.

People v. George M.

Bad Law
14 Cal. App. 4th 376·18 Cal. Rptr. 2d 29·1993 Cal. App. LEXIS 282·93 Daily Journal DAR 3801·93 Cal. Daily Op. Serv. 2059
Court of Appeal of CaliforniaMarch 22, 1993A057311California1,793 words

Opinion

Opinion

Dossee, J.

The minor George M. contends the juvenile court considered an improper factor when deciding to commit him to the California Youth Authority. He also contends the court improperly applied two enhancement statutes.

George M.’s point with respect to one of the enhancement statutes is well taken. We therefore modify the judgment to reduce the maximum term of commitment by three years and, as modified, affirm.

Factual and Procedural Background

The juvenile court found true an allegation that George M. had committed the crime of assault with a firearm (Pen. Code, § 245, subd. (a)(2)). The allegation was based upon an incident in which George M. fired a sawed-off shotgun at a group of people. The shotgun blast struck Omar Cruz, leaving him in a vegetative state.

The court committed George M. to the California Youth Authority (CYA) for the maximum period of 12 years. The court calculated the twelve-year sentence by using a four-year term for the assault, adding five years for use of a firearm (Pen. Code, § 12022.5), and adding three more years for the infliction of great bodily injury (Pen. Code, § 12022.7).

Discussion

I. Commitment to CYA—Alien Status

George M. contends…

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