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Modification: In re L.J.

Ruling by

Tracie L. Brown

Lower Court

Contra Costa County Superior Court

Lower Court Judge

Barbara C. Hinton

A 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/4

Cite as

2022 DJDAR 157

Published

Jan. 4, 2022

Filing Date

Dec. 30, 2021

Opinion Type

Modification

Disposition Type

Affirmed as Modified

Case 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.

 

 

 

#278641

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