In Re Aurelio R.

People v. Aurelio R.

Good Law
167 Cal. App. 3d 52·1985 Cal. App. LEXIS 1917·212 Cal. Rptr. 868
Court of Appeal of CaliforniaApril 18, 1985Crim. 44181California2,933 words

Opinion

Opinion

Johnson, J.

This appeal has become moot as to one of the appellants, Aurelio R. On April 24, 1984, the superior court vacated the underlying adjudication and disposition against this appellant on grounds of ineffective assistance of counsel. In subsequent months, the People failed to appeal that ruling or to proceed against him in a new adjudication under this petition and on October 9, 1984, jurisdiction was terminated. Consequently, this appeal now only deals with appellant Fernando R.

I. Facts and Proceedings Below

The appellant, Fernando R., is a member of a juvenile gang—the Avenue Gang. The previous Saturday the Cypress Park Gang had shot an Avenue Gang “homeboy.” At about eleven on the evening of December 20, 1982, the appellant and four other “homeboys” from the Avenue Gang decided to drive into the Cypress Park area. The other “homeboys” were Aurelio R., Caesar Salas, Thomas Carmona and Gilberto Duran. Duran brought along a shotgun because they had decided to shoot a member of the Cypress Park Gang in revenge for the wounding of their fellow gang member a few days earlier. Others in the party also may have been armed with shotguns or other weapons.

The automobile used for…

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