In re A.L. CA2/6

Filed 7/16/24 In re A.L. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re A.L., a Person Coming 2d Juv. No. B333748 Under the Juvenile Court Law. (Super. Ct. No. 2018009981) (Ventura County)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.L.,

Defendant and Appellant.

A.L. appeals from the juvenile court’s order transferring him to criminal court. (See Welf. & Inst. Code,1 § 801, subd. (a).) He contends insufficient evidence supports the transfer order, and remand is required for the court to consider his history of childhood trauma and sexual abuse. We affirm.

1 Unlabeled statutory references are to the Welfare and Institutions Code.

FACTUAL AND PROCEDURAL HISTORY In March 2018, Juan Gutierrez was shot in the head. He died a few days later. A subsequent investigation revealed that A.L., then 16 years old, was robbing two men at gunpoint when Gutierrez rode by on his bicycle. The two exchanged words, and A.L. shot Gutierrez. A.L. then fled the scene. The handgun used to kill Gutierrez was found in A.L.’s possession when police arrested him later that week. In an interview with police, A.L. denied knowing Gutierrez and denied that he was present at the scene of Gutierrez’s murder. A.L. later said that Gutierrez had threatened him previously, and admitted he was present at Gutierrez’s shooting. He also admitted he was a member of a local gang. In a section 602 petition, prosecutors alleged that A.L. murdered Gutierrez. They moved to transfer A.L.’s case to adult criminal court pursuant to section 707. A.L. opposed the transfer motion because his “background, family history, [and] trauma . . . strongly support[ed] his amenability to juvenile court treatment.” A.L.’s childhood was “chaotic and unpredictable.” His parents argued and threw objects at each other. His mother used methamphetamine and was frequently under the influence of alcohol. He and his siblings had to ask neighbors for food. County social workers were often called to their house. A.L. suffered a hairline fracture to his skull after he was hit by a car at age four. When he was seven, his mother’s boyfriend touched his “weenie.” A.L. later told a social worker that the boyfriend also “grabbed his private” in front of his mother.