In re F.L. CA4/2

I.

INTRODUCTION

While riding as a passenger in an SUV, defendant and appellant F.L., a minor, fired

a gun at a moving car, a Toyota Yaris. A passenger in the Yaris returned fire and lethally

shot the driver of the SUV, causing the SUV to careen out of control and kill a pedestrian.

F.L. was charged with murder in a wardship petition filed with the juvenile court.

F.L. appeals from the juvenile court’s findings that he committed two counts of second

degree, provocative act murder of the SUV driver and pedestrian (Pen. Code, § 187, 1 subd. (a) ; counts 1 & 2); felony possession of a concealed firearm (§ 29610; count 5);

and misdemeanor possession of ammunition (§ 29650; count 6). As to count 1, the court

found true the allegation that F.L. personally discharged a firearm, proximately causing

death (§§ 1192.7, subd. (c)(8), 12022.53, subd (d)). The court found not true the two

counts of attempted murder of the Yaris driver and passenger (§§ 664, 187, subd. (a);

counts 3 & 4). The court declared F.L. a ward of the court and committed him to the

Pathways to Success program until the age of 25 or two years after his commitment date,

whichever is later.

F.L. contends there…