In re Ernest M. CA5

FACTS

On September 4, 2013, the district attorney filed a petition charging appellant with shooting at an inhabited dwelling (count 1), a gang enhancement in that count, and possession of live ammunition by a minor (§ 29650). Appellant’s adjudication hearing was held on October 23, 2013. At this hearing, the prosecution evidence established that on August 31, 2013, at approximately 2:00 a.m., Guadalupe Arteaga was sleeping in her home on Teddy Street in Farmersville when she was awakened by the sound of gunshots. She soon discovered that a bullet had struck the front door and another bullet had struck the front bedroom of the house. Two spent .380 caliber shell casings were recovered at the scene of the shooting. Farmersville Police Officer Josh Weatherbie responded to the area where the shooting occurred and drove around looking for suspects. As he drove westbound on

Subsequent statutory references are to the Penal Code.

2. Marilyn Street two blocks south of the shooting site he saw a thin male, whom he later identified as appellant, running south on Ventura Street, away from Arteaga’s residence.2 As Officer Weatherbie approached the intersection of Ventura Street and…