In re Emmanuel N. CA2/3

Filed 3/23/22 In re Emmanuel N. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re EMMANUEL N., a Person B315835 Coming Under the Juvenile Court Law. Los Angeles County Super. Ct. No. PJ53915 THE PEOPLE,

Plaintiff and Respondent,

v.

EMMANUEL N.,

Defendant and Appellant.

APPEAL from an order of the Juvenile Court of Los Angeles County, Fred J. Fujioka, Judge. Affirmed as modified. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Emmanuel N. admitted he committed carjacking. The juvenile court ordered suitable placement and imposed probation conditions. One of those conditions required Emmanuel to register as a gang member. Emmanuel’s sole contention on appeal is that the court erred in doing so. The Attorney General agrees there was insufficient evidence the crime was gang-related. As the parties agree on this point, we order the gang registration requirement stricken and otherwise affirm the court’s order. FACTS AND PROCEDURAL BACKGROUND1 On August 14, 2021, Alberto P. went to pick up his friend and fellow musician Aaron. The two men played in a mariachi band. Just before 5:00 p.m., as Aaron was loading their instruments into the trunk of Alberto’s Honda, he heard someone say, “What’s up, foo?” Turning, he recognized Angel F., with whom he’d grown up, “standing right behind him.” Emmanuel was with Angel. Aaron later told authorities Angel was “a member of San Fernando.” Angel approached the driver’s-side door of Alberto’s car, opened it, and told Alberto “to get the fuck out of the car.” Angel took a black semi-automatic handgun out of his waistband and pointed it at Alberto’s head. Angel then pointed the gun at Alberto’s brother Alfredo, who was in the passenger seat. “[Angel] told the victims to get on the sidewalk as he continued to point and [wave] the handgun at all of them.” Emmanuel “demanded that everyone give up their cell phones and car keys.” Alberto handed Emmanuel his phone. Emmanuel told Alfredo