In re A.L. CA2/6

Filed 12/22/22 In re A.L. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Juv. No. B316475 Under the Juvenile Court Law. (Super. Ct. No. PJ53481) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.L.,

Defendant and Appellant.

A juvenile court found that A.L. committed murder in the second degree. (Pen. Code, §§ 187, subd. (a), 189.) The court found the offense is a felony and fixed the maximum period of confinement at 15 years to life. A.L. contends the true finding of murder is not supported by substantial evidence. We affirm.

FACTS Shane Denick lived in an apartment on the first floor of a two-story building in Los Angeles. Apartment 6 was on the same corridor as Denick’s apartment. Apartment 6 was occupied by Daisy, the apartment building manager. The Langdon Street gang controlled the area around the apartment building. A.L. was a member of the gang, as was Daisy. On October 17, 2019, the day before the murder, Denick saw A.L. on the street in front of the apartment building, cursing. A.L. returned a couple hours later, kicked open the door to apartment 6 and walked away. Hours later, Denick saw A.L. again on the street, angry and cursing. The next day at approximately 6:30 p.m., Denick saw A.L. and another man standing near apartment 6. A.L. walked into the apartment while the other man remained outside. Within one or two minutes, Denick heard two gunshots. From a window in front of his desk, Denick saw the man who was standing outside the apartment run away immediately after the gunshots. Immediately after the first man ran, Denick saw A.L. running out of apartment 6. Denick said A.L. was “running fast.” There was an object in his waist band. A.L. was holding his right hand against the object as he ran. Jose Lopez, a member of the Langdon Street gang, was in apartment 6. He was shot three times, twice in the chest. One bullet pierced his heart and was fatal. The other chest shot was potentially fatal. Denick went to apartment 6. The door was open about a foot. He looked into the apartment and saw a man duck down behind a couch. Denick looked away to tell a disabled neighbor to go back into her apartment. When he looked back, he saw