In re Carlos L. CA4/1

statement of facts of the underlying offense since it is not necessary for the discussion of

the issues on appeal.

PROCEDURAL BACKGROUND

The Minor was charged by petition filed in juvenile court with one count of

attempted murder (Pen. Code,1 §§ 664 & 187) and two counts of assault with a firearm

(§ 245, subd. (a)(2)). It was also alleged the offenses were committed for the benefit of a

street gang (§ 186.22, subd. (b)(1)); that the attempted murder was premeditated (§ 189);

and that the Minor personally discharged a firearm (§§ 12022.5, subd. (a)(1) & 12202.53,

subd. (c)).

The Minor was on probation at the time of the offenses in this case.

The Minor reached a negotiated settlement under the terms of which he admitted

the commission of the attempted murder and admitted the offense was committed for the

benefit of a criminal street gang. The prosecution dismissed the remaining charges and

allegations and stipulated that the Minor was suitable for treatment as a juvenile. The

dismissal of the remaining charges and allegations was accompanied by a Harvey2

waiver by the Minor.

At the dispositional hearing the court set the maximum term for the offense at

19 years 8…