C.R.
People v. C.R.
Opinion
lead Opinion
Rubin, J.
C.R. (appellant) appeals from the order finding him to be a ward of the juvenile court because he committed a gang-related murder, contending the court’s failure to determine whether his crime was of the first or second degree mandates a ruling of second degree murder. He also contends there was insufficient evidence to support a finding of first degree murder. Because there was no need for the court to make a finding of degree, and because there was sufficient evidence of first degree murder, we affirm.
FACTS AND PROCEDURAL HISTORY
Shortly before 9:00 p.m. on June 9, 2007, Brian Herrera was shot to death while standing in front of a home where he and other friends were attending a baby shower. The home was in an area where two rival gangs operated—the East Side Trece and Loco Park gangs—and a Loco Park gang member lived *1390 in the house next door. The shooting was witnessed by several people, who said two men rode by on bikes and one turned around as they passed and opened fire. The shooter was wearing a gray hooded sweatshirt and had the hood pulled up over his head. One eyewitness made a strong, but not positive, identification of C.R., a member of the East Side…