In Re Jose M.

Minors Jose M. and Alan A. appeal from juvenile court judgments following their joint trial on petitions alleging two counts each of rape in concert plus great bodily injury enhancements (Pen. Code, §§ 264.1, 12022.8). The counts represented two assaults on Yahaira P., one of them in which Alan allegedly raped her with Jose aiding and abetting, and the other with the assailants’ roles reversed. The court found true the counts where Alan was the rapist, and found the enhancement true as to Alan only. It found the other counts not .true as charged, evidently based on doubt that Jose achieved penetration. It found true a lesser included offense of assault with intent to commit rape (§ 220), without enhancement. In later proceedings as to Alan, the court made a corresponding petition amendment and finding, on stipulation of counsel, for the lesser offense, also without enhancement. The disposition for Jose was a suspended Youth Authority commitment with ranch placement. Alan was committed to Youth Authority.

Background

The assaults occurred near a San Francisco high school on June 3, 1991. Yahaira and her friend Maria C., 16-year-old students there, cut class after first…