People v. Giovani M.

I. Introduction

In a petition filed on August 3, 1999, it was alleged that appellant Giovani M. was a minor who came within the provisions of Welfare and Institutions Code section 602 in that the minor was 17 years old on July 30,1999, and on that date committed four felony offenses. It was alleged he committed: (1) assault with a firearm, and that he personally used a firearm in the commission of the offense (Pen. Code, §§ 245, subd. (a)(2), 12022.5, subds. (a) & (d); count 1); (2) unlawful discharge of a firearm with gross negligence (Pen. Code, § 246.3; count 2); (3) unlawful possession by a minor of a firearm capable of being concealed upon the person (Pen. Code, § 12101, subd. (a)(1); count 3); and (4) unlawful possession of a firearm while in violation of an express condition of probation prohibiting such activity (Pen. Code, § 12021, subd. (d); count 4).

Pursuant to an agreement that the minor would receive an aggregated commitment to the California Youth Authority for a maximum of five years and two months on the instant petition 1 and all other previously sustained petitions, the minor waived his rights and admitted the truth of the allegations in counts 2 and…