In re G.G. CA6

I. BACKGROUND

A juvenile wardship petition alleged that G.G. committed second degree robbery (§ 211) and that he personally used a handgun in the commission of the robbery (§ 12022.53, subd. (b)). At the contested jurisdictional hearing, a gas station/convenience store clerk testified that two juveniles entered the store. The clerk testified that after a while, the two juveniles brought a drink and a bag of chips to the counter. The clerk testified that the two juveniles told him their items were free and he responded that they needed to pay. A third juvenile wearing a hooded sweatshirt featuring the letters “GAP” then came into the store and asked the other two what was taking so long. The clerk testified that as he was setting the items aside, one of the juveniles grabbed a bag of chips and the group left the store. The clerk initially testified that the third juvenile with the “GAP” sweatshirt—later identified as G.G.—was the one who grabbed the bag of chips. However, on cross-examination, the clerk testified that the third juvenile did not take anything. The store’s manager testified that the clerk alerted him to the situation, and that as he came out from his office, he saw…