In re A.L.

People v. A.L.

Good Law
182 Cal. Rptr. 3d 741·2015 Cal. App. LEXIS 51·233 Cal. App. 4th 496
Court of Appeal of CaliforniaJanuary 21, 2015A141067California3,257 words

Opinion

Opinion

Reardon, J.

— A.L., a minor, appeals from an order of wardship entered pursuant to Welfare and Institutions Code section 602 following the juvenile court’s finding that he committed felony second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) with an enhancement for being armed with a firearm in the commission of a felony (Pen. Code, § 12022, subd. (a)(1)). A.L.’s sole contention on appeal is that the juvenile court violated his due process rights by allowing the prosecution to amend his delinquency petition during closing arguments to allege an arming enhancement under subdivision (a) of section 12022 (the section 12022(a) enhancement) rather than the personal use of a deadly weapon enhancement that was originally charged pursuant to subdivision (b) of section 12022 (the section 12022(b) enhancement). Finding no abuse of discretion in the juvenile court’s decision to permit the amendment, we affirm.

I. BACKGROUND

On December 3, 2013, the Contra Costa County District Attorney’s Office filed a delinquency petition alleging that A.L. committed felony second degree robbery on or about November 30, 2013. The petition also alleged that, in the commission of that offense, A.L.…

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