In re Marcus J. CA1/2

BACKGROUND

The District Attorney for the County of Contra Costa filed a Welfare and Institutions Code section 602 petition alleging that Marcus committed one count of second degree robbery (Pen. Code, §§ 211/212.5, subd. (c)),1 with an allegation that he personally used a firearm. (§ 12022.53, subd. (b).)

1 All further statutory references are to the Penal Code unless otherwise indicated.

1 Following a contested jurisdictional hearing, the juvenile court sustained the robbery allegation and firearm use enhancement. It adjudged Marcus a ward, and ordered him committed to the Orin Allen Youth Rehabilitation Facility for a nine-month mandatory program. Marcus timely filed a notice of appeal. The Evidence At The Jurisdictional Hearing The first witness at the jurisdictional hearing was victim Christian L., who testified as follows regarding the incident: On November 30, 2013, 17-year-old Christian arranged through Facebook to sell A. L., whom he did not know, a pair of shoes. Christian and A. met in front of Christian’s house in Brentwood at about 7:30 p.m. that evening. Marcus accompanied A. Christian brought two pairs of shoes to show A., and A. purchased one of them for $100.…