In Re Daniel G.
People v. Daniel G.
Opinion
Opinion
Rubin, J.
Minor Daniel G. appeals from the orders of the juvenile court determining that he was a ward of that court after finding that he had possessed an assault weapon (Pen. Code, § 12280, subd. (b)) and had loitered with the intent to publicize a street gang. (L.A. County Code, § 13.44.010.) For the reasons set forth below, we affirm the order as to the assault weapon charge but reverse as to the gang loitering charge.
FACTS AND PROCEDURAL HISTORY
1. Assault Weapon Petition
At around 10 p.m. on September 23, 2002, minor Daniel G. (Minor) and several other youths were spotted passing around an AR-15 assault rifle. Minor was arrested and a petition was filed with the juvenile court alleging that Minor should be determined a ward of the court. (Welf. & Inst. Code, § 602.) The primary witness against Minor was Katrece McCraw, who lived in an upstairs unit of an apartment building on 111th Street in Inglewood. McCraw knew Minor because Minor was an acquaintance of McCraw’s son and daughter.
When McCraw stepped out from her front door on the night of the incident, she looked downstairs and saw Minor and three or four others handling the rifle. She went back into her apartment and…