In re Salvador A. CA5

INTRODUCTION

Appellant Salvador A., Jr., contends the identification procedure used to identify him as a participant in gang-related offenses was unduly suggestive and, absent this identification, the evidence was insufficient to sustain the Welfare and Institutions Code section 602 petition. We reject his contention and affirm the order.

FACTUAL AND PROCEDURAL SUMMARY

High school students Jorge P. and John P. got out of school at 2:47 p.m. on January 10, 2013. After going home to change clothes, they walked together towards a gym. At approximately 3:10 p.m., as they walked through a park, a group of 10 to 15 males began calling them “scraps” and asking if they were “Southerners.” “Scraps” is a derogatory term used by members of the Norteños (Northerners) street gang to refer to members of the Sureños (Southerners) street gang; the Norteños and Sureños are rivals. Jorge responded, “I don’t bang.” Jorge and John continued walking toward the gym. The group of males divided up, surrounded Jorge and John, and began attacking them. All of those in the group attacking Jorge participated in hitting and kicking him; all of those in the group attacking John participated in striking and…