In re G.A. CA2/6

Filed 2/14/22 In re G.A. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 G.A., a Person Coming 2d Juv. No. B307822 Under the Juvenile Court Law. (Super. Ct. No. VJ46827) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

G.A.,

Defendant and Appellant.

A juvenile court found that G.A. committed simple assault (Pen. Code, § 240)1 and that the assault was committed in association with a criminal street gang (§ 186.22). We reverse the gang enhancement. In all other respects, we affirm.

1 All statutory references are to the Penal Code.

1

FACTS Assault On February 16, 2020, Anthony Romo and his wife Priscilla Ocedueda were visiting a deceased loved one at the Resurrection Cemetery in Los Angeles. Romo and his wife went to use the restrooms. Ocedueda went inside, but Romo waited outside because the men’s room was occupied. Three young men, G.A., Jose, and Jorge, were also outside. The three young men were members of the Colonia Flores gang. As Romo was waiting, a verbal confrontation occurred between Romo and the young men. One of the men asked Romo “if [he] was from anywhere.” The attitude of the men was not friendly. Romo attempted to deescalate the confrontation by replying he was not from anywhere. One of the men asked Romo what he was looking at. Romo said he was not looking at anything. One of the men hit Romo in the face. The other two tried to hit him, but he was able to defend himself. Romo ran to a grass area. He turned around and heard a gunshot. He saw one of the men holding a handgun. Romo was shot in the left front hip. The men ran to a car and left. Ocedueda called 911. Police apprehended G.A., Jose, and Jorge near the cemetery. They brought Ocedueda to the suspects for a field show-up. She identified the three men as being in a fight with Romo. The police placed G.A. and Jose in a patrol car with an audio recorder. A recording of G.A. and Jose talking to each other was played in court: “[Jose]: … I turned to shoot three times though. I did a double action.