In re Jesus N.
Filed 9/28/10 In re Jesus N. CA2/1
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
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publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
ONE
In re JESUS N., a Person Coming
Under the Juvenile Court Law.
B222781
(Los Angeles
County
Super. Ct.
No. PJ43043)
THE PEOPLE,
Plaintiff and Respondent,
v.
JESUS N.,
Defendant and Appellant.
APPEAL
from an order of the Superior Court
of Los Angeles
County. Fred J.
Fujioka, Judge. Reversed.
Steven
A. Torres, under appointment by the Court of Appeal, for Defendant and
Appellant.
Edmund
G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney
General, Susan D. Martynec, Supervising Deputy Attorney General, and Lance E.
Winters, Deputy Attorney General, for Plaintiff and Respondent.
_________________________________
Minor Jesus N. appeals from the order of wardship entered
following a finding that he solicited or recruited another minor to actively participate in a criminal street gang, in
violation of Penal Code section 186.26, subdivisions (a) and (d). (All subsequent statutory references pertain
to the Penal Code unless otherwise noted.)
Jesus contends that the evidence was insufficient to establish that he
violated the statute. We agree. The evidence showed that Jesus participated
in a gang initiation ceremony, not that he solicited or recruited the other minor to actively
participate in his gang.
BACKGROUND
About 5:40 p.m. on January 25, 2010, Los Angeles Police Department Officer
Allan Salazar and his partner responded to a Van Nuys apartment building. As they walked toward a parking lot, Jesus
and another young man walked toward them.
Jesus walked into a laundry room and washed blood off his hands. As Salazar was speaking to Jesus, Raul A.
walked toward them carrying a video camera and a glass of water. Raul's nose was bleeding. Raul was hesitant to talk, seemed afraid, and
began crying when Salazar asked if he had been jumped into the Assassin Kings
gang. Raul later admitted he had been
jumped into the gang.
Salazar
watched the video recording on the camera.
The recording was not introduced at the adjudication, but Salazar
provided the following testimony regarding its contents: â€
| Description | Minor Jesus N. appeals from the order of wardship entered following a finding that he solicited or recruited another minor to actively participate in a criminal street gang, in violation of Penal Code section 186.26, subdivisions (a) and (d). (All subsequent statutory references pertain to the Penal Code unless otherwise noted.) Jesus contends that the evidence was insufficient to establish that he violated the statute. Court agree. The evidence showed that Jesus participated in a gang initiation ceremony, not that he solicited or recruited the other minor to actively participate in his gang. |
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