In Re James H.

James H. appeals from the juvenile court order of wardship (Welf. & Inst. Code, § 602) upon the finding that he committed assault with a deadly weapon upon Greg Parker (Pen. Code, § 245, subd. (a).) He was placed in the camp community program for a maximum of four years. He appeals, contending (1) that since there was no evidence presented at his adjudication hearing as to his age, the prosecutor failed to establish jurisdiction over him; (2) that his trial counsel was incompetent since he made an untimely motion pursuant to Code of Civil Procedure, § 170.6; and (3) that his continued assertion of innocence was improperly used by the trial judge to justify the camp commitment.

At about 10:45 p.m. on April 2, 1980, Gregory Parker, Bryan Hilt and Roderick Whittier were standing in front of Bryan’s house when a youth, identified as appellant, approached Bryan and asked, “Don’t I know you, cuz?” (There was another male on a bicycle with appellant.) Bryan said, “No” and appellant replied, “Yes, I do. You’re an 8-tray,” referring to a chapter of the Cripps gang. Bryan and Gregory then noticed that appellant was holding a sawed-off shotgun. Bryan started to run and appellant…