At the jurisdictional hearing, the juvenile court found true that the minor, D.P., assaulted the victim with a semiautomatic firearm, shot at an occupied vehicle, discharged a firearm in a grossly negligent manner, and possessed a firearm and ammunition. The Court of Appeal agreed with the minor’s argument that the offense of discharging a firearm in a grossly negligent manner is a lesser included offense of shooting at an occupied vehicle and the former true finding should be reversed. Additionally, the Court of Appeal agreed that substantial evidence does not support the juvenile court’s finding that he used a semiautomatic firearm, and ordered the true finding of assault with a semiautomatic weapon be modified to the lesser included offense of assault with a firearm. The court remanded the matter to the juvenile court for a dispositional hearing to recalculate the maximum term of confinement.
Panel Victories
