In Re Romeo C.

People v. Romeo C.

Good Law
1995 Cal. App. LEXIS 366·33 Cal. App. 4th 1838·40 Cal. Rptr. 2d 85·95 Daily Journal DAR 5005·95 Cal. Daily Op. Serv. 2915
Court of Appeal of CaliforniaApril 19, 1995C018544California3,719 words

Opinion

Opinion

Sims, J.

Following a contested jurisdictional hearing, the juvenile court found that the minor Romeo C., along with co-accuseds James C. and Low Ching S., had committed a felony violation of Penal Code section 246 (unlawfully and maliciously discharging a firearm at an inhabited dwelling). The court also found in enhancement that a principal in the offense was armed with a shotgun (§ 12022, subd. (a)(1)) and that the offenses were committed by and for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)).

At the dispositional hearing the juvenile court found the minor to be a ward of the court and ordered him committed to the California Youth Authority (CYA) for a total of eleven years, based on a seven-year term for the main offense, a one-year enhancement pursuant to section 12022, subdivision (a)(1), and a three-year enhancement pursuant to section 186.22, subdivision (b). The minor was also ordered to pay a $250 restitution fine.

On appeal the minor contends: (1) no substantial evidence supports the minor’s adjudication; (2) his statement to the police should have been excluded because it was obtained in violation of Miranda; (3) evidence was improperly admitted…

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