People v. Edward G.

Opinion

WISEMAN, J.

Edward G., a minor, was found by the juvenile court in count 1 to have discharged a firearm from a vehicle at a person outside the vehicle, and in count 2 to have committed an assault with a firearm. We hold that the true finding on count 2 must be reversed because it is an offense necessarily included in the offense charged in count 1. Further, the true finding on count 2 cannot be upheld on the ground that, even though it is a lesser-included offense, it was supported by facts independent of those supporting count 1. The juvenile court implicitly found that the two counts…