In re Marcus O. CA5

FACTS AND PROCEDURAL HISTORY

On November 26, 2013, the district attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging that Marcus committed three offenses on November 23, 2013, when he was 16 years old: (1) discharging a firearm at an inhabited dwelling (Pen. Code,1 § 246); (2) possessing a concealable weapon without written permission of his parent or guardian (§ 29610); and (3) resisting arrest (§ 148, subd. (a)(1)). At the pretrial hearing, Marcus pleaded no contest to count 1. Counts 2 and 3 were dismissed. The probation officer prepared a dispositional social study. The report stated that in the early morning of November 23, 2013, residents of a house in Modesto called the police to report that a shot had been fired through their window from a green car. Officers found a car matching the description given and pulled it over. Marcus emerged from the front passenger door and fled, dropping a nine-millimeter handgun as he ran. A nine-millimeter shell casing was found in the street in front of the house. There were bullet holes in a window and a back wall of the house. A pregnant woman had been sleeping near…