In re J.V. CA2/6

Filed 6/30/22 In re J.V. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.V., a Person Coming 2d Juv. No. B306811 Under the Juvenile Court Law. (Super. Ct. No. VJ46825) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.V.,

Defendant and Appellant.

A petition dated July 22, 2019, alleged J.V. committed assault by means likely to produce great bodily injury. (Pen. Code, § 245, subd. (a)(4).)1 J.V. admitted the charge, and the juvenile court sustained the petition.

All further statutory references are to the Penal Code 1

unless otherwise indicated.

Later, a petition dated February 19, 2020, which was contested, alleged J.V. committed attempted murder (§§ 664, 187, subd. (a)) (count 1), assault by a firearm (§ 245, subd. (a)(2)); assault by means likely to produce great bodily injury (§ 245, subd. (a)) (count 3). As to each count, it was alleged that J.V. personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c) & (d)); personally caused great bodily injury (§ 12022.53, subd. (a)); and committed the offense for the benefit, at the direction of, and in association with a criminal street gang (§ 186.22 subd. (b)(1)(c)). The juvenile court sustained the petition as charged. On the February 19, 2020, petition, the juvenile court imposed a maximum term of 47 years to life. On the July 22, 2019, petition, the court imposed a term of four years to run concurrent with count 1 of the February 2020 petition. The court ordered J.V. to a community camp placement for seven to nine months. FACTS February 2020 Petition 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, J.V., G.A., 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