In re Jose C. CA1/3

Good Law
Court of Appeal of CaliforniaMarch 3, 2025A169122California2,646 words

Opinion

Opinion

BACKGROUND

Wardship Petition and Original Disposition On November 8, 2019, the District Attorney filed a petition alleging Jose came within the juvenile court’s wardship jurisdiction due to his commission of two felonies: murder with malice aforethought (Pen. Code, § 187, subd. (a)); and attempted second degree robbery (id. at §§ 211 & 212.5, subd. (c)). The petition contained enhancement allegations for felony murder (id. at § 190.2, subd. (a)(17)) and use of a firearm causing great bodily injury (id. at §§ 12022.53, 246, 12034, subds. (c)–(d)). The petition was accompanied by a motion to transfer Jose’s case to adult court. Facts supporting the petition are set forth in a prior opinion by this court, In re Jose C. (Apr. 3, 2023, A165110) [nonpub. opn.] (Jose I),1 but a brief summary suffices here. On November 5, 2019, two teenagers, David and Alicia, were shot while attempting to sell a $10 roll of marijuana to a person named Juju, who arrived at the agreed location with Jose. (Jose I, at pp. 2–3.) David survived but Alicia died from her injury. David reported that he knew Jose from school and that both assailants were friends with another juvenile named Jade, who used to be…

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