People v. John R.

— After shooting his father in the face while asleep in bed and in other portions of his body when struggling over the gun, John R. appeals a juvenile court order committing him to the Youth Authority for attempted murder (Pen. Code, 1 §§ 187 and 664), while personally using a firearm within the meaning of sections 12022, subdivision (a), and 12022.5; and intentionally inflicting great bodily injury within the meaning of section 12022.7.

He claims to have been incorrectly committed for twelve years (the nine-year upper term pursuant to the general attempt statute (§ 664) plus a three-year consecutive term for the § 12022.7 enhancement), contending the court was limited to the statutory term for assault with intent to commit murder (§217).

He correctly claims predispositional behavioral credits.

*944 John incorrectly argues application of Welfare and Institutions Code sections 607, 726 and 1769 denies him due process and equal protection of the laws because he faces a possible maximum term of confinement greater than that to which older juveniles, under the age of 16, who commit identical offenses are exposed.

I

The juvenile court did not err in applying the…