In re D.P. CA3

I. BACKGROUND

The People filed an amended petition under Welfare and Institutions Code section 602 alleging seven counts against the minor: attempted murder (Pen. Code,1 §§ 664/187, subd. (a), count 1); assault with a semiautomatic firearm (§ 245, subd. (b), count 2); shooting at an occupied vehicle (§ 246, count 3); discharging a firearm in a grossly negligent manner (§ 246.3, subd. (a), count 4); possession of a firearm by a minor (§ 29610, count 5); possession of ammunition by a minor (§ 29650, count 6); and criminal street gang activity (§ 186.22, subd. (a), count 7). The petition alleged additional enhancements that are not at issue here. Upon motion of the prosecutor, the juvenile court dismissed the criminal street gang activity count. At the jurisdictional hearing, two women testified they were in a car traveling down Elm Street when they heard a single gunshot. Neither the passenger nor the driver saw the shooter. The passenger felt an immediate pain and said she thought she had been shot. The driver pulled over and looked for a gunshot wound but could not find one. She drove on only to pull over a second time to look for a wound but still could not find one. The driver…