In re Alejandro B.

INTRODUCTION

In People v. Vargas (2014) 59 Cal.4th 635 [ 174 Cal.Rptr.3d 277 , 328 P.3d 1020 ] (Vargas), the court considered the question of “whether two prior convictions arising out of a single act against a single victim can constitute two strikes under the ‘Three Strikes’ law,” and “conclude[d] they cannot.” (Id. at p. 637.) We consider whether the Vargas decision or reasoning applies to a case involving two current offenses arising out of a single act against a single victim. We conclude it does not. Comparing prior convictions to current offenses, as the juvenile court did in this case, is like comparing apples and oranges. Alas, the juvenile court’s admirable effort has proved fruitless. We reverse.

Defendant Alejandro B. was alleged to have committed two counts of assault with a deadly weapon and burglary. It was further alleged the crimes were committed for the benefit of a criminal street gang with the specific intent to promote criminal conduct by gang members. During the jurisdiction hearing, the court found one of the two assaults and the burglary to be true beyond a reasonable doubt, as well as the special allegations associated therewith. At the…