In re Peter K. CA2/2

FACTS

Prosecution Evidence On August 28, 2010, Aaliyah S. went to “kick it” with some friends, whom she identified as minor, Diego, and Carlos. She and the others “ended up” drinking and smoking marijuana in the apartment of a friend named Luis for approximately two hours. ~(RT 8, 9, 20, 21, 22, 36)~ She felt the effects of the alcohol and marijuana. ~(RT 9)~ At one point, they all went downstairs to the garage and got inside a truck. ~(RT 9, 35)~ Aaliyah was in the back seat smoking marijuana with minor, Carlos, and two other people. ~(RT 10, 22)~ She became sick and left the truck, as did everyone else. ~(RT 10)~ After Aaliyah threw up, she asked if she could go inside a car because she did not want to go to her aunt’s house looking “messed up.” ~(RT 10-11)~ Minor took her to an old Mercedes that Diego was fixing up. ~(RT 11, 26, 33, 36)~ It was in the back of the parking structure. ~(RT 34)~ Minor left with some other people, and Aaliyah fell asleep in the back seat of the car. ~(RT 11, 33)~ When she woke

All further references to statutes are to the Penal Code unless stated otherwise. On April 3, 2014, minor also filed a petition for writ of habeas corpus, case…