In re S.E. CA4/2

INTRODUCTION

Pursuant to a negotiated plea, defendant and appellant S.E. (minor) admitted as

true an allegation in the petition that he committed attempted murder. (Pen. Code,

§§ 664, 187.) He also admitted that he personally used and discharged a firearm.

(§ 12022.53, subd. (c).) The parties stipulated that minor would be committed to the

Department of Juvenile Justice (DJJ). A trial court committed him to DJJ in accordance

with the agreement. Minor subsequently petitioned the court to set aside his DJJ

commitment and commit him to the Gateway to Arise program instead. The court denied

minor’s request to change the commitment.

Minor filed a timely notice of appeal. We affirm.

PROCEDURAL BACKGROUND

The San Bernardino County District Attorney filed a Welfare and Institutions

Code section 602 petition alleging that minor committed attempted murder (§§ 664, 187,

subd. (a), counts 1-3, 12), assault with a firearm (§ 245, subd. (a)(2), counts 4-6),

attempted carjacking (§§ 664, 215, subd. (a), count 7), shooting at an occupied vehicle

(§ 246, count 8), and attempted robbery (§§ 664, 211, counts 9-11).

On February 26, 2021, pursuant to a plea agreement, minor admitted…