Ruling by
Tracie L. BrownLower Court
Contra Costa County Superior CourtLower Court Judge
Barbara C. HintonA juvenile's punishment on a reckless evasion of police count was stayed because it was based on the same indivisible course of conduct, with the same intent and objective, as the assault counts.
Court
California Courts of Appeal 1DCA/4Cite as
2022 DJDAR 157Published
Jan. 4, 2022Filing Date
Dec. 30, 2021Opinion Type
ModificationDisposition Type
Affirmed as ModifiedCase Fully Briefed
Sep. 8, 2021
In re L.J., a Person Coming Under the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v.
L.J.,
Defendant and Appellant.
No. A161118
(Contra Costa County
Super. Ct. No. J20-00455)
California Courts of Appeal
First Appellate District
Division Four
Filed December 30, 2021
THE COURT:
It is ordered that the opinion filed herein on November 30, 2021, be modified as follows:
1. On page 8, at the end of the second complete paragraph, add footnote No. 4, which will read:
The Legislature recently enacted Assembly Bill No. 518 (2021-2022 Reg. Sess.), which amends Penal Code section 654, subdivision (a) to eliminate the requirement that a trial court punish a defendant under the provision that provides for the longest potential term of imprisonment. (Stats. 2021, ch. 441, § 1.) In a request to modify our opinion, the minor contends that he will be entitled to the benefit of the amended statute on remand. We express no opinion on that question, and nothing in our opinion is intended to prevent the minor from raising the argument in the juvenile court.
2. The remaining footnotes shall be renumbered to run consecutively from the newly added footnote.
There is no change in judgment.
Date:
P. J.
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