In Re Jose T.

*1220 Opinion

Teenager Melvin Jones did not have a good day. Defendant fired four shots at the car in which Jones was a passenger, fortunately missing each time. The driver took Jones to his grandmother’s house. Later that night, Jones wanted to visit his uncle. Knowing a gang was planning a party nearby, he determined to avoid problems by inconspicuously taking the bus. It was not a wise move. While he waited at the bus stop, defendant and a confederate accosted him and beat him. As Jones fought back, defendant hit him over the head with a handgun and fired two shots. Fortunately, Jones was not shot, although he suffered a head injury that required brief hospital treatment.

Defendant did not leave the general area. Police responding to the scene of the beating found defendant around the comer. Defendant tried to discard the gun when he saw officers approaching.

The trial court sustained a juvenile petition alleging assault with a semiautomatic weapon (count 1), assault by means of force likely to produce great bodily injury (count 2), and possession of a firearm (count 3). The court committed defendant to the Youth Authority.

Discussion

Defendant raises sentencing…

I concur fully in the published portion of the opinion. As to the portion not published, I concur only in the result.

[Opinion certified for partial publication. [*] ]

OPINION

ORTEGA, Acting P.J.

Teenager Melvin Jones did not have a good day. Defendant fired four shots at the car in which Jones was a passenger, fortunately missing each time. The driver took Jones to his grandmother's house. Later that night, Jones wanted to visit his uncle. Knowing a gang was planning a party nearby, he determined to avoid problems by inconspicuously taking the bus. It was not a wise move. While he waited at the bus stop, defendant and a confederate accosted him and beat him. As Jones fought back, defendant hit him over the head with a handgun and fired two shots. Fortunately, Jones was not shot, although he suffered a head injury that required brief hospital treatment.

Defendant did not leave the general area. Police responding to the scene of the beating found defendant around the corner. Defendant tried to discard the gun when he saw officers approaching.

The trial court sustained a juvenile petition alleging assault with a semiautomatic weapon (count 1), assault by means of force likely to produce great bodily injury (count 2), and possession of a firearm (count 3). The court committed defendant to the…