Fear Not Law CA Unpub Decisions

In re A.L. CA4/2

Filed 10/6/26 In re A.L. CA4/2
CA Unpub Decisions

Filed 10/6/26 In re A.L. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re A.L., a Person Coming Under the
Juvenile Court Law.

THE PEOPLE,
E088436
Plaintiff and Respondent,
(Super.Ct.No. DLIN2400041)
v.
OPINION
A.L.,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Emily Benjamini, Judge.

Affirmed.

Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

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I.

INTRODUCTION

Following a contested adjudication hearing, the juvenile court found true that

defendant and appellant A.L. (minor) committed first degree murder (Pen. Code, § 187,

subd. (a)) and that minor personally and intentionally discharged a firearm (Pen. Code,

§ 12022.53, subd. (c)). The juvenile court declared minor a ward of the court pursuant to

Welfare and Institutions Code section 602 and ordered minor committed to Pathways to

Success Secure Youth Treatment Facility (Pathways) with a baseline term of seven years.

Appointed counsel has filed a brief under the authority of People v. Wende (1979) 25

Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), requesting

this court to conduct an independent review of the record. In addition, minor has had an

opportunity to file a supplemental brief with this court and has not done so. Finding no

arguable errors that would result in a disposition more favorable to minor, we will affirm

the judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

From 2022 to August 2025, Jenna B. was in a relationship with Aisa B. In May

2023, she and Aisa were living together on Avenue 42 in Palm Desert. Aisa’s close

friends were Conner T., Bailey S. and minor. Minor’s nickname is “Miclo.” Aisa’s

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grandfather, Mark B., lived in Desert Hot Springs in a RV with his son Cody B. Cody B.

is Aisa’s uncle.

Jeremy. A. was living on the same property. On May 15, 2023, Jeremy assaulted

Cody and Mark, and Cody called 911.

On May 16, 2023, Cody texted Aisa and told Aisa that Mark needed help. A

Facebook message from Mark to Aisa requested a strap. Aisa responded he could get one

from his mom, and Aisa offered to handle it with his “bros.” Jenna and Aisa drove to

Cody’s house in Jenna’s white Toyota Avalon. They then picked up Conner who was

wearing black clothing, a ski mask and had a gun. Aisa also had a gun. After picking up

Conner, they then drove to Aisa’s mother’s house in Desert Hot Springs and retrieved a

rifle. Thereafter, they drove to pick up minor. Minor was wearing black clothing, a ski

mask, and had a gun.

After arriving at Cody’s trailer, Cody, Aisa, Conner, and minor all got out of the

car. Aisa gave Cody a rifle, and Cody gave it to Mark. Aisa was angry after seeing

Mark’s injuries. Aisa, Conner and minor returned to the car with items and left again.

After Jeremy was dropped off at the property, he walked towards Cody. Aisa told

minor to shine a laser on Jeremy, and a red laser was pointed at Jeremy. Cody fired a

warning shot to scare Jeremy away, but Jeremy continued to walk towards him. Jeremy

was shot four times in the back. Aisa and his two friends fired shots. Cody saw minor

shoot Jeremy. Aisa had a revolver, and Aisa’s two friends had semi-automatic firearms.

Minor told Jeremy that he was going to pay for hurting his friend’s grandpa. Jenna heard

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about 10 gunshots. After the shooting, Aisa, Conner and minor ran to the car and fled the

scene.

On May 16, 2023, law enforcement responded to the scene of the incident.

Sergeant Albert Loureiro found five casings from a .380 caliber gun consistent with a

.380 caliber firearm. Investigator Joshua Manjarrez observed that Jeremy had multiple

gunshot wounds.

On May 19, 2023, Investigator Armando Munoz executed a search warrant on

Jenna’s Toyota Avalon and found a grip to a firearm. On this same day, Investigator

Martin Alfaro executed a search warrant at an apartment located in Palm Desert. Upon

searching a bedroom, he found items with Aisa’s name, a yellow backpack, containing

items with Aisa’s name, a ski mask, holsters, gloves, and bullets. He also located

Conner’s cell phone in another bedroom.

On October 27, 2023, Investigator Giovanni Gonzalez executed a search warrant

at an address on Erin Street. At this address, he located a cell phone, an ID card

belonging to Conner, a black backpack containing eight casings, and cleaning supplies in

a bedroom. He also found an orange backpack containing a firearm, magazines,

ammunition, a light that is attached to a firearm, and a brown bag containing a firearm

and a black mask.

On October 27, 2023, Investigator Manjarrez conducted a Perkins Operation with

Conner. Conner informed the investigator that minor used a .380 caliber gun. Conner

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also stated that someone was not locked up and mentioned foster parents. Minor was the

only person identified who had not been arrested, and minor had foster parents.

Investigator Rebecca Torres reviewed inmate Aisa’s telephone calls. Aisa referred

to minor in the calls as Crow, Meeks and Miclo. Minor’s telephone number was

mentioned during the call.

On March 21, 2024, Investigator Munoz assisted in the search of minor’s house

located on Fifth Street in Desert Hot Springs. Upon searching minor’s bedroom, a replica

handgun, cell phone, and a ski mask were found. Officers also located firearms in a

locker in the garage, including a Taurus .38 revolver. A search of minor’s cell phone

contained images of firearms with lasers. There was a photograph of minor holding a

firearm and the words “ ‘he’s no longer.’ ” Minor was arrested that same day. While he

was being arrested, minor called his boss and told his boss that he was being arrested for

a murder in Desert Hot Springs. The investigator, however, had not revealed the location

of the homicide to minor at that time.

The parties stipulated that Dr. Jacquelyn Morhaime performed an autopsy on

Jeremy, that Jeremy had four gunshot wounds to his torso and that Jeremy died from

multiple gunshot wounds. The parties further stipulated that criminalist Xiao Ma

conducted firearms and projectile examinations in this case and determined it was not

shown conclusively that minor fired the fatal shot.

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B. Procedural Background

On March 25, 2024, a Welfare and Institutions Code section 602 petition was filed,

alleging that minor committed first degree murder (Pen. Code, § 187, subd. (a)). The

petition also alleged that minor personally and intentionally discharged a firearm and

proximately caused great bodily injury and death pursuant to Penal Code

section 12022.53, subdivision (d).

On this same day, the People filed a notice of motion and motion to transfer minor,

who was 16 years old at the time he committed the offense, to a court of criminal

jurisdiction (Welf. & Inst. Code, § 707, subd. (a)(1)).

Following briefing by the parties, on March 18, 2025, the juvenile court filed an

order denying transfer to criminal court of general jurisdiction, finding minor amenable

to treatment and rehabilitation under the jurisdiction of the juvenile court.

The contested jurisdictional hearing was held on February 19, 2026. After hearing

testimony and arguments by the parties, the juvenile court found true that minor

committed first degree murder. The court also found not true the firearm enhancement

allegation pursuant to Penal Code section 12022.53, subdivision (d), but found true the

firearm enhancement allegation pursuant to Penal Code section 12022.53,

subdivision (c).

The dispositional hearing was held on March 25, 2026. At that time, the juvenile

court declared minor a ward of the court pursuant to Welfare and Institutions Code

section 602 and ordered minor committed to Pathways with a baseline term of seven

6
years. The court ordered that minor may not be held in physical confinement for a period

to exceed 45 years to life. Minor timely appealed.

III.

DISCUSSION

After minor appealed, this court appointed counsel to represent him. Upon

examination of the record, counsel has filed a brief under the authority of Wende, supra,

25 Cal.3d 436 and Anders, supra, 386 U.S. 738, setting forth a statement of the case, a

summary of the facts and potential arguable issues of whether the juvenile court abused

its discretion in committing minor to Pathways because substantial evidence failed to

establish less restrictive alternatives were available where minor’s mental health needs

would be met and whether the court prejudicially erred in admitting statements made by

Conner during the Perkins Operation.

We offered minor an opportunity to file a personal supplemental brief, and he has

not done so.

An appellate court conducts a review of the entire record to determine whether the

record reveals any issues which, if resolved favorably to the defendant, would result in

reversal or modification of the judgment. (Wende, supra, 25 Cal.3d at pp. 441-442;

People v. Feggans (1967) 67 Cal.2d 444, 447-448; Anders, supra, 386 U.S. at p. 744; see

People v. Johnson (1981) 123 Cal.App.3d 106, 109-112.)

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Having undertaken an independent examination of the entire record for potential

error pursuant to Wende and People v. Kelly (2006) 40 Cal.4th 106, we find no arguable

errors that are favorable to minor. Accordingly, we will affirm the judgment.

IV.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
CODRINGTON
J.
We concur:

McKINSTER
Acting P. J.

FIELDS
J.

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