In re Damian W. CA1/1

STATEMENT OF THE CASE

This prosecution originated in the juvenile court when the district attorney filed a wardship petition on September 4, 2013. The petition alleged the minor committed the felonies of robbery, a violation of Penal Code section 212.5, subdivision (a), and assault by force likely to cause great bodily injury, a violation of Penal Code section 245, subdivision (a)(4). That prosecution was reviewed by this court in a prior appeal, and the judgment was affirmed. (In re Damian W. (June 17, 2014, A140062 [nonpub. opn.].) We also granted minor’s habeas corpus petition, which concerned ineffective assistance of counsel regarding the assault charge and enhancements. The matter was remanded to the trial court. On August 13, 2014, the district attorney filed a return on the petition for writ of habeas corpus related to the first appeal. The prosecution conceded the minor had received ineffective assistance of counsel and was entitled to be put in the position he would have been in had he accepted the pretrial offer in the original case, which was a plea to one count of first degree robbery, with the remaining count dismissed. On August 18, 2014, the trial court determined…