Scott

FACTS AND PROCEDURAL HISTORY

On February 13, 2009, defendant was 16 years old. Around 10:00 that night,

defendant was riding in a car driven by an adult friend. He told the friend that he wanted

to “dump” some Mexicans, meaning he wanted to shoot or kill someone. Defendant told

the friend where to drive, pulled a gun from his pocket, and said “Watch this, watch these

All section references are to the Penal Code unless otherwise indicated.

2 We deny defendant’s motion for judicial notice, filed September 1, 2016. The probation report and minutes from the initial sentencing are not relevant to this court’s very narrow role in making a limited remand to the trial court following People v. Franklin, supra, 63 Cal.4th at pages 283-284. (Evid. Code, § 350)

2 dicks run.”3 At this time, three Hispanic youths were walking on University Avenue in

Riverside on their way to a fast food restaurant. None of the youths were gang members.

Defendant fired four shots at the youths, hitting one in the lower back and seriously

injuring him.

At trial, defendant admitted firing the shots, but testified that he did so only

because the driver of the car told him to and that he “didn’t…