In re E.N. CA1/1

STATEMENT OF THE CASE

On July 5, 2013, the Contra Costa County District Attorney filed a supplemental wardship petition (Wel. & Inst. Code § 602, subd. (a)) alleging that defendant, age 17,

1 committed two counts of second degree robbery (Pen. Code,1 §§ 211/212.5, subd. (c), counts one and two) and one count of assault with a deadly weapon (§ 245, subd. (a)(1), count three). Counts one and two were enhanced with allegations that defendant personally used a firearm during the robbery. (§ 12022.53, subd. (b).) Count one was also enhanced with the allegation that defendant inflicted great bodily injury during the robbery (§ 12022.7, subd. (a)). The petition alleged three prior sustained offenses that could be used to increase the total commitment time: a misdemeanor vandalism (§ 594, subd. (b)(1)), a felony possession of marijuana for sale (Health & Safety Code § 11359),2 and a petty theft infraction (§ 490.1).3 On September 3, 2013, following a contested jurisdictional hearing, the court sustained all three counts of the petition, as well as the gun use enhancements. The court found that the great bodily injury allegation was not true. On December 3, 2013, the court committed…