In Re Khonsavanh S.

People v. Khonsavanh S.

Good Law
1998 Cal. App. LEXIS 894·67 Cal. App. 4th 532·79 Cal. Rptr. 2d 80·98 Daily Journal DAR 11159·98 Cal. Daily Op. Serv. 8031
Court of Appeal of CaliforniaOctober 14, 1998D029627California1,791 words

Opinion

Opinion

Haller, J.

In two separate incidents, members of the Oriental Killer Boys (OKB) shot at members of a rival street gang, the Oriental Boy Soldiers (OBS). A petition filed in juvenile court under Welfare and Institutions Code section 602, charged Khonsavanh S. with six counts of attempted murder (Pen. Code, §§ 664, 187) and six counts of assault with a firearm (§ 245, subd. (a)(2)). The court dismissed the two counts related to the first incident, and the petition was amended to allege assault with a firearm (§ 245, subd. (a)(2)) in the second incident. The court made true findings and committed Khonsavanh to the California Youth Authority for a maximum term of 23 years and 4 months.

Khonsavanh unpersuasively contends insufficient evidence supports the court’s finding he aided and abetted others in the second incident. We agree, however, that the court erred by ordering Khonsavanh to undergo testing for acquired immunodefiency syndrome (AIDS), and that the correct maximum term of confinement is 18 years and 4 months. Accordingly, we affirm the judgment as modified.

Facts

About midnight on March 13, 1997, Sothan D., an OBS member, was standing outside his apartment building. A…

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