In re Jonathan R.
Annotate this CaseThe minor stabbed another young man in the abdomen during a brawl, using a folding pocket knife. The resulting injury required a five-day hospital stay. The minor was charged under Penal Code section 245(a)(1), assault with a deadly weapon other than a firearm, and subdivision (a)(4), assault by force likely to produce great bodily injury. The juvenile court found true both violations, and enhancement allegations for personal use of a deadly weapon and infliction of great bodily injury. The minor was committed to the Youthful Offender Treatment Program for a maximum of nine years or until age 21. The court of appeal held that the minor cannot be found to have violated both section because the offense specified in subdivision (a)(4), assault by force likely to produce great bodily injury, is necessarily included within the offense specified in subdivision (a)(1), assault with a deadly weapon or instrument other than a firearm. The court struck the deadly weapon use enhancement as an element of subdivision (a)(1) and directed the entry of a narrower electronic search condition and remanded for recalculation of the minor’s maximum term of confinement and restitution fine.
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