In re Carlos J.

In January 2017, Carlos (born September 2001) and an older male participated in a gang-related Santa Rosa shooting. The 18-year-old victim was standing in a driveway when the two passed in a car, parked, and approached. After a verbal confrontation, they drew firearms and shot five or six times toward the victim, who fled. Carlos admitted to the shooting, claiming the victim had tried to “jump him” a year earlier and that he had “heat for Northerners.” The co-participant drove the car and provided the firearm. The District Attorney filed a petition (Welfare and Institutions Code 602(a)), alleging that Carlos committed attempted murder and assault with a firearm, with firearm and street gang enhancements. Carlos admitted one count and enhancement; the other counts were dismissed. The juvenile court committed Carlos to the Department of Juvenile Facilities (DJF). The court of appeal reversed. Welfare and Institutions Code 7341 provides that no ward of the juvenile court shall be committed to DJF unless the judge is “fully satisfied that the mental and physical condition and qualifications of the ward are such as to render it probable that he will be benefited by the reformatory educational discipline or other treatment provided by” DJF. Because the record contains no specific information regarding DJF programs, no substantial evidence supported the finding of probable benefit. View "In re Carlos J." on Justia Law