In re Alejandro B.
Annotate this CaseDefendant, a juvenile, was alleged to have committed two counts of assault with a deadly weapon and burglary. The crimes were committed for the benefit of a criminal street gang with the specific intent to promote criminal conduct by gang members. In People v. Vargas, the court considered the question of “whether two prior convictions arising out of a single act against a single victim can constitute two strikes under the ‘Three Strikes’ law,” and “conclude[d] they cannot.” In this case, the juvenile court found one of the two assaults and the burglary to be true beyond a reasonable doubt, as well as the special allegations associated therewith. The court reversed, concluding that Vargas does not apply to a case involving two current offenses arising out of a single act against a single victim. Here, the People assert that there was no allegation of a sentence enhancement under a prior strike, nor was the juvenile court about to sentence the minor in a "Three Strikes" case. Therefore, the juvenile court should not have dismissed the assault count, but it should have stayed the punishment associated with that count under Pen. Code, 654.
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