In Re Edward G.

Edward G., a minor, was found by the juvenile court in count 1 to have discharged a firearm from a vehicle at a person outside the vehicle, and in count 2 to have committed an assault with a firearm. We hold that the true finding on count 2 must be reversed because it is an offense necessarily included in the offense charged in count 1. Further, the true finding on count 2 cannot be upheld on the ground that, even though it is a lesser-included offense, it was supported by facts independent of those supporting count 1. The juvenile court implicitly found that the two counts were based on one act.

PROCEDURAL AND FACTUAL HISTORIES

The district attorney filed a juvenile wardship petition alleging that on December 18, 2003, when he was 14 years old, the minor committed two crimes; 1) discharging a firearm from a vehicle at Leticia Parra, who was not inside the vehicle, in violation of Penal Code section 12034, subdivision (c); and 2) assaulting Leticia Parra with a firearm, in violation of section 245, subdivision (a)(2).

The juvenile court held a contested adjudication hearing. Another minor, Edgar A., was tried in the same proceeding. The victim testified that she was…