In re I.G. CA2/6

Filed 4/27/21 In re I.G. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 I.G., a Person Coming 2d Juv. No. B305227 Under the Juvenile Court Law. (Super. Ct. No. 1506259-G) (Santa Barbara County)

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff and Respondent,

v.

I.G.,

Defendant and Appellant.

I.G. appeals the juvenile court’s order sustaining allegations of two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)1) and two counts of shooting at an inhabited dwelling (§ 246). (Welf. & Inst. Code, § 602.) He claims the evidence was insufficient to support one of the two counts of

All statutory references are to the Penal Code unless 1

otherwise noted.

assault with a firearm. We conclude substantial evidence supported the court’s finding. Affirmed. FACTS AND PROCEDURAL BACKGROUND Victims J.P. and G.C. are longtime friends who live in Santa Maria, California. The two were “hanging out” after work on the evening of July 19, 2019. They arrived at J.P.’s apartment in G.C.’s car and pulled into his garage space. G.C. recalled walking out of the garage and into the adjacent alleyway to access wi-fi for his cell phone while J.P. stayed in the garage. A neighbor sitting in another garage noticed a blue car stop in front of G.C.’s. He heard arguing between J.P. and one of the car’s occupants followed by several gunshots. A second neighbor heard yelling and came to her second-floor apartment window. She saw a young man standing in the street next to a car firing a handgun down the alley. She snapped a photo of the car as it drove away and called 911. Police located a matching vehicle at a nearby cemetery, where they saw appellant and several others gathered around the grave of a deceased member of Santa Maria’s West Park gang. An officer searched appellant and found a 9-millimeter handgun in his pants. A firearms expert later testified that seven bullet casings found near the alleyway were consistent with those test fired from appellant’s gun. Appellant was 15 years old at the time of the shooting. Appellant was charged in a Juvenile Petition (Welf. & Inst. Code, § 602) with two counts of attempted murder (§§ 187, subd. (a), 664); two counts of assault with a firearm (§ 245, subd. (a)(2)); and two counts of shooting at an inhabited dwelling (§ 246). The juvenile court sustained the counts of assault with a firearm and shooting at an inhabited dwelling. It committed appellant to the Division of Juvenile Facilities and set his maximum period of