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Name: In re Peter F.
Case #: G034481
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/30/2005
Summary

The minor got into an altercation with two other minors at a coffee shop. He brandished a box cutter and a knife as he threatened the boys. During a second confrontation with the same two minors and the coffee shop owner, the minor pulled out the box cutter again and threatened the owner. The minor was convicted of four counts of brandishing a weapon, in violation of Penal Code section 417(a)(1). On appeal, he argued that he should have been convicted of two, not four, counts. The appellate court agreed and reversed in part. Observers of an act of brandishing only become victims when the brandishing becomes an assault. The minor could therefore only be convicted of one count of brandishing in connection with the first incident, and one count for the second incident involving the store owner, despite the number of observers. The additional counts must be stricken.