In Re Jose H.

People v. Jose H.

Good Law
2000 Cal. App. LEXIS 56·2000 Daily Journal DAR 1071·77 Cal. App. 4th 1090·92 Cal. Rptr. 2d 228·2000 Cal. Daily Op. Serv. 725
Court of Appeal of CaliforniaJanuary 27, 2000H019568California3,857 words

Opinion

Opinion

Elia, J.

Following a jurisdictional hearing, the juvenile court sustained three counts of a Welfare and Institutions Code section 602 amended petition. The sustained counts included count I, assault with a deadly or dangerous weapon with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)), with a great bodily injury enhancement; count II, battery with serious bodily injury (Pen. Code § 243, subd. (d)), with a great bodily injury enhancement; and count IV, misdemeanor battery on school grounds. The court placed appellant on probation and ordered him to serve 120 days in county jail. Appellant contends he may not be convicted of both the felony assault and the battery with serious bodily injury for the same act and that a charge of battery with serious injury may not be enhanced by adding a great bodily injury allegation. Appellant contends and respondent concedes that the misdemeanor battery on school grounds, occurring on a different date and against a different victim, is barred by the one-year statute of limitations. We find the concession appropriate and strike the true finding as to this count. Appellant contends the juvenile court was without authority…

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