CA3

BACKGROUND

Amended petitions filed under Welfare and Institutions Code section 602, subdivision (a), alleged that the minor I.V., age 17, and his twin brother (whose initials are also I.V.), committed eight sexual offenses against E.A., who was 16 years old. The minors admitted one count of rape or sexual penetration by force against the will of the victim while acting in concert with another person (Pen. Code, § 264.11 -- count VIII) in exchange for dismissal of seven counts charging other sexual offenses. The minors subsequently retained private counsel and filed motions to withdraw their admissions. The motions claimed that due to the minors’ learning disabilities, and also due to ineffective assistance by their former attorneys, the minors did not waive their constitutional rights in a knowing and intelligent manner and did not understand what they admitted or the consequences of their admissions. The minors also claimed that their former counsel failed to conduct an adequate investigation of their case. At the hearing on their motions, the minors called witnesses, including their former attorneys, presented documentary evidence, and testified themselves. The former

1…