People v. Alejandro G.

After determining Alejandro G. competent to stand trial, the court found true that Alejandro G. unlawfully possessed a concealed firearm while not accompanied by a parent (Pen. Code, 1 former § 12101, 2 subd. (a)(1); count 1) and possessed a concealed firearm (former § 12025, subd. (a)(1)) with an allegation that he did not lawfully possess the firearm and was a person (a minor) prohibited from possessing a firearm (former §§ 12021, 12021.1, 12025, subd. (b)(4); count 2; Welf. & Inst. Code, §§ 8100, 8103). The court also found true that Alejandro possessed a concealed firearm (former § 12025, subd. (a)(2), count 3), but struck the allegation Alejandro knew the firearm was stolen (former § 12025, subd. (b)(2)).

Alejandro appeals, contending the court applied the wrong test in finding him competent, and in the alternative, substantial evidence did not support the competency determination even if the court applied the proper test. Alejandro also asserts substantial evidence does not support the true finding that he was not in lawful possession of the firearm. He argues count 3 should be stricken because it is a lesser included offense of count 2. Finally, Alejandro insists…