In re D.W. CA1/1

I. BACKGROUND

On October 19, 2015, a juvenile wardship petition was filed against D.W., alleging second degree robbery (Pen. Code,1 § 211; count I); battery (§ 242; count II); petty theft (§ 488; count III); possession of a concealed firearm, with the special allegation D.W.

1 All statutory references are to the Penal Code unless otherwise indicated. was not in lawful possession of the firearm (§ 25400, subds. (a)(2), (c)(4); count IV); possession of a firearm by a minor (§ 29610; count V); and possession of an alcoholic beverage in public by an individual under 21 years old (Bus. & Prof. Code, § 25662 subd. (a); count VI). D.W. admitted to counts II, III, and IV—the allegations of battery, petty theft, and possession of a concealed firearm. The remaining allegations were dismissed. One of the bases for the wardship petition was a January 30, 2015 incident at an Ace Hardware store next to the McKinleyville Middle School (MMS). The victim reported D.W. had punched him in the back of the head several times and ran off with his skateboard. MMS’s principal told the police that D.W., along with a number of other minors who were present during the incident, were members of a gang…