In re Salvador A. CA5

Filed 8/13/14 In re Salvador A. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re SALVADOR A., JR., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067296

Plaintiff and Respondent, (Super. Ct. No. JW122919-07)

v. OPINION SALVADOR A., JR.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. H.A. Staley, Judge. (Retired judge of the Kern Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Johanna R. Pirko, under appointment by the Court of Appeal, for Defendant and Appellant.

* Before Cornell, Acting P.J., Franson, J. and Chittick, J.† † Judge of the Superior Court of Fresno County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION Appellant Salvador A., Jr., contends the identification procedure used to identify him as a participant in gang-related offenses was unduly suggestive and, absent this identification, the evidence was insufficient to sustain the Welfare and Institutions Code section 602 petition. We reject his contention and affirm the order. FACTUAL AND PROCEDURAL SUMMARY High school students Jorge P. and John P. got out of school at 2:47 p.m. on January 10, 2013. After going home to change clothes, they walked together towards a gym. At approximately 3:10 p.m., as they walked through a park, a group of 10 to 15 males began calling them “scraps” and asking if they were “Southerners.” “Scraps” is a derogatory term used by members of the Norteños (Northerners) street gang to refer to members of the Sureños (Southerners) street gang; the Norteños and Sureños are rivals. Jorge responded, “I don’t bang.” Jorge and John continued walking toward the gym. The group of males divided up, surrounded Jorge and John, and began attacking them. All of those in the group attacking Jorge participated in hitting and kicking him; all of those in the group attacking John participated in striking and kicking him. Among those attacking John were Salvador, Shawn P., and Ricardo V. Shawn took John’s wallet and cell phone from his pants pocket as he lay on the ground. During the attack, the attackers were saying “north side” and “fuck scraps.” Jorge was trying to fight off his attackers and the group surrounding John went to assist in the attack on Jorge. Salvador, Shawn, and Ricardo all participated in the attack