In Re Russell H.

People v. Russell H.

Good Law
196 Cal. App. 3d 916·1987 Cal. App. LEXIS 2384·242 Cal. Rptr. 488
Court of Appeal of CaliforniaDecember 3, 1987A035130California2,550 words

Opinion

Opinion

Merrill, J.

—A juvenile court found that appellant Russell H., a minor, committed second degree murder (Pen. Code, §§ 187, 189). It also determined that he used a firearm in the commission of this offense within the meaning of section 12022.5. The court ordered that the youth be retained as a ward of the court and committed to the California Youth Authority.

I

On the morning of January 24, 1986, appellant was at home in Rohnert Park. With him were his sister, Tiffany, his stepbrother, Robert, and a friend, Jerry. Appellant’s father was at work. Appellant’s stepbrother, Robert, received a phone call from an acquaintance by the name of Blaine. Blaine was at the house of Eric Sparks, the victim, and called for the purpose of selling some “speed or crank.” Robert told Blaine that he was not interested in buying drugs but that he would ask others at his house to see if they were.

In response to Robert’s inquiry, Tiffany indicated that she was not interested in buying any drugs but that appellant might be since he was going to a concert later that day. Appellant, it turns out, was interested in buying some drugs but was not sure he had enough money to pay for them. Appellant, Jerry, and…

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