In re Abraham M. CA5

INTRODUCTION

Appellant Abraham M. was committed to the California Department of Corrections and Rehabilitation, Division of Juvenile Justice (DJJ), after it was found true that he had committed willful, deliberate and premeditated attempted murder (count 1); assault with a deadly weapon (count 2); assault by means likely to produce great bodily injury (count 3); robbery (counts 4 and 5); burglary (count 6); and conspiracy (count 7). In addition, it was found true that Abraham used a deadly weapon, a knife, and inflicted great bodily injury. He challenges the sufficiency of the evidence to support the counts 1, 3, 4, and 5 offenses. Additionally, he challenges the admission into evidence of text messages between himself and his coconspirator. Abraham also contends the weapons enhancements appended to counts 1, 2, 3, 4, 5, and 6 should be stricken based on Penal Code1 section 654. Finally, he challenges his commitment to the DJJ. The People concede section 12022, subdivision (b) enhancements cannot be appended to counts 2 and 3, which set forth violations of section 245, subdivision (a), and must be stricken. The People also concede the remaining section 12022, subdivision (b)…