In re A.L. CA2/6

Filed 6/1/21 In re A.L. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Crim. No. B303775 Under the Juvenile Court Law. (Super. Ct. No. PJ52367) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.L.,

Defendant and Appellant.

A.L. appeals from the juvenile court’s order committing him to the custody and care of the Division of Juvenile Justice (DJJ) for a maximum term of 18 years. He contends: (1) the court abused its discretion when it ordered a DJJ commitment, (2) his maximum term of confinement must be recalculated, and (3) the commitment form must be corrected. We remand for a new disposition hearing, and otherwise affirm.

FACTUAL AND PROCEDURAL HISTORY In January 2017, A.L. and other members of a Los Angeles street gang surrounded R.G.’s car and forced him to stop. When R.G. got out of the car, one of the gang members shot him in the leg, causing him to fall to the ground. A.L. fired several more shots as R.G. attempted to stand up. R.G. was eventually able to get back to his car and drive away. In a petition filed pursuant to Welfare and Institutions Code1 section 602, prosecutors alleged that A.L. committed attempted murder (Pen. Code, §§ 664/187, subd. (a); count 1), assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4); count 2), and assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 3). They also alleged that he personally used and discharged a firearm (Pen. Code, §§ 12022.5, subd. (a), 12022.53, subds. (b) & (c)) and that he committed his crimes for the benefit of a criminal street gang (Pen. Code, § 186.22, subds. (b)(1)(A) & (b)(1)(C)). At the jurisdictional hearing, a police officer opined that A.L. is a member of a criminal street gang. A psychologist testified that A.L. had intelligence on par with a seven year old. His low IQ indicated that he lacked planning and self-control, and that he was a follower. A defense gang expert opined that younger gang members like A.L. are easily influenced by older gang members. At the conclusion of the hearing, the juvenile court found the allegations in counts 2 and 3 to be true. It also found true the firearm and gang allegations. It declared A.L. a ward of the court, and ordered him suitably placed at Rancho San