In Re Alejandro G.

People v. Alejandro G.

Good Law
1995 Cal. App. LEXIS 709·37 Cal. App. 4th 44·43 Cal. Rptr. 2d 471·43 Cal. Rptr. 471·95 Daily Journal DAR 10079
Court of Appeal of CaliforniaJuly 11, 1995D020982California1,803 words

Opinion

Opinion

Haller, J.

The juvenile court found that Alejandro G. committed two counts of assault with a firearm, one against Darrick Freeman and one against Tony Campbell (Pen. Code, § 245, subd. (a)(2)), discharged a firearm at an unoccupied motor vehicle (§ 247, subd. (b)), and, in a separate incident, used words in a public place that were inherently likely to provoke an immediate violent reaction. (§ 415, subd. (3).) The court committed Alejandro to the California Youth Authority for a maximum period of 11 years and 7 months.

Alejandro contends the evidence is insufficient to prove (1) he intended to assault more than one victim, and (2) that his words were likely to incite violence. We reject these contentions and affirm the judgment.

I. Section 245

II. Section 415 A. Facts

On-duty and uniformed San Diego Police Officer James Stevens contacted Alejandro and his uncle, Christopher Parraz, in front of a residence on Altadena Avenue in San Diego. The contact resulted in Officer Stevens’s arresting Parraz.

As Stevens was handcuffing Parraz, Alejandro said, “You ain’t taking my uncle, mother fucker.” Stevens ignored Alejandro and continued handcuffing Parraz. Alejandro then said, “Hey,…

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