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.
Filed October 15, 2009
Opinion by Judge Robie
For Appellant: Jackie Menaster
For Appellee: 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