In re J.R. CA2/6

Filed 5/18/23 In re J.R. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.R., a Person Coming 2d Juv. No. B321260 Under the Juvenile Court (Super. Ct. No. 2021032620) Law. (Ventura County)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.R.,

Defendant and Appellant.

J.R. appeals from an order adjudicating him a ward of the court. (Welf. & Inst. Code, § 602.) The juvenile court sustained the allegation that he committed attempted murder (Pen. Code,1 §§ 664/187), but did not find true the allegation that he

1 Further unspecified statutory references are to the Penal Code.

committed the crime with premeditation within the meaning of section 664, subdivision (a). J.R. contends, and the Attorney General concedes, there is a discrepancy between the minute order on the sustained petition and the court’s oral pronouncement of judgment. The Attorney General also notes an error in the court’s calculation of the aggregate maximum period of confinement. We modify the minute orders to correct these errors, but otherwise affirm the judgment. FACTUAL AND PROCEDURAL HISTORY E.C. was walking down the street with his girlfriend when he saw a group of people in front of an apartment building. E.C. recognized J.R. as one of the people in the group. J.R. kneeled and began shooting at E.C. E.C. was shot as he was running away. He survived. The juvenile petition alleged one count of attempted murder (§§ 664/187) and further alleged the crime was committed willfully, deliberately, and with premeditation within the meaning of section 664, subdivision (a). The petition also alleged J.R. inflicted great bodily injury. (§ 12022.7, subd. (a).) The juvenile court sustained the petition. It found true the attempted murder count and found true the allegation that J.R. inflicted great bodily injury. But regarding the premeditation allegation, the court pronounced that it “cannot find that proof has been shown . . . beyond a reasonable doubt that there was . . . deliberation and premeditation as required. But the Court does find that [the attempted murder] would be and I think it would fall within the second degree and not first degree.” Despite the court’s oral pronouncement, the March 30, 2022, minute order reflects: “Court finds the allegations contained in count(s) 1 are