In re E.R. CA5

Filed 12/29/23 In re E.R. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re E.R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F085740

Plaintiff and Respondent, (Super. Ct. No. JW144057-00)

v. OPINION E.R.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Wendy L. Avila, Judge. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Dina Petrushenko, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Poochigian, J. and Detjen, J.

INTRODUCTION E.R., appellant, argues substantial evidence does not support the conclusion that he committed assault with a semiautomatic firearm, personally used a firearm, and personally caused great bodily injury. Appellant further argues he was incorrectly sentenced pursuant to Welfare and Institutions Code section 726, subdivision (d)(1). The People concede appellant’s sentence was in error; therefore we vacate the sentence and remand the matter for resentencing. The judgment is otherwise affirmed. PROCEDURAL HISTORY On October 25, 2022, the Kern County District Attorney’s office filed a juvenile wardship petition against appellant. (Welf. & Inst. Code, § 602, subd. (a).) The petition charged appellant with one count of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b))1 and alleged that appellant personally used a firearm (§ 12022.5, subd. (d)) and inflicted great bodily injury during the assault (§ 12022.7, subd. (a)). On January 10, 2023, following a jurisdictional hearing, the juvenile court found all of the petition’s allegations true. On January 25, 2023, in a disposition hearing, appellant was adjudged a ward of the court, granted probation, and was ordered committed to the Kern Crossroads Facility. The court determined the maximum confinement time was 14 years, less 96 days credit for time served. On February 10, 2023, appellant filed a timely notice of appeal.