People v. Jonathan R.

Alter Jonathan R. (minor) stabbed another young man during a brawl, he was alleged in a juvenile wardship petition to have violated Penal Code section 245, subdivision (a)(1), assault with a deadly weapon other than a firearm, and subdivision (a)(4), assault by force likely to produce great bodily injury. The juvenile court found true both violations, as well as enhancement allegations under both violations of personal use of a deadly weapon and infliction of great bodily injury. Defendant contends he cannot be found to have committed violations of both subdivisions of section 245 because the two subdivisions merely specify different ways of committing a single offense. He also argues the deadly weapon enhancement under subdivision (a)(1) is improper because use of such a weapon is an element of the crime and objects to the imposition of an electronic search probation condition.

We conclude the minor’s argument that the crimes specified in subdivision (a)(1) and (4) of Penal Code section 245 are not separate offenses is untenable in light of the Supreme Court’s decision in People v. Gonzalez (2014) 60 Cal.4th 533 [ 179 Cal.Rptr.3d 1 , 335 P.3d 1083 ] (Gonzalez).…