California Court of Appeal

Trial court's conviction and sentence of defendant as an adult to two years in state prison for gross negligence in discharging a firearm, possession of a firearm by a juvenile previously adjudged a ward of the juvenile court, and related offenses is affirmed where: 1) the prohibition of juvenile possession of firearms is not unconstitutional as applied; 2) the prohibition of possession of a loaded firearm is constitutional; and 3) the trial court erred by sentencing defendant without the fitness hearing required by Penal Code section 1170.17, but the error was harmless absent a showing to the contrary.

Appellate Information

• Decided 10/15/2009
• Published 10/15/2009

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Jackie Menaster, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans, Supervising Deputy Attorney General, Jeffrey A. White, Deputy Attorney General, for Plaintiff and Respondent.