In re J.M. CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Procedural history On September 21, 2020, the Santa Clara County District Attorney filed a juvenile wardship petition (Petition T) alleging J.M. committed one count of carjacking (Pen. Code, § 215, subd. (a); count 1) and four counts of robbery (Pen. Code, § 212.5, subd. (c); counts 2-5). The petition made the following special allegations: (1) J.M. committed each of the offenses for the benefit of, at the direction of, and in association with a criminal street gang (Pen. Code, § 186.22, subd. (b)(1)(C)); (2) J.M. personally used a firearm in committing each of the offenses (Pen. Code, § 12022.53, subd. (b)); and (3) in connection with counts 1 and 2, J.M. personally discharged a firearm, causing great bodily injury (Pen. Code, § 12022.53, subds. (d), (e)(1)). Petition T also expressly notified J.M. that the district attorney intended “to move for an increase of the maximum term of confinement by aggregating the terms of all previously sustained petitions.”

2 On January 22, 2021, the juvenile court granted the prosecution’s motion to amend the petition to dismiss three of the robbery charges (counts 2, 4 & 5), and to amend count 3 to…