In re Fernando A.
The Los Angeles County District Attorneys Office filed a petition pursuant to Welfare and Institutions Code section 602, alleging that Fernando A. (minor) committed willful, deliberate, and premeditated attempted murder (Pen. Code, 187, subd. (a); 664, subd. (a) (count 1))[1] and threatened to use force on a witness ( 139, subd. (a) (count 2)). The petition also charged that minor used a firearm during the commission of the attempted murder. ( 12022.53, subd. (b).) The juvenile court sustained the petition as to count 1, declared minor to be a ward of the court, ordered minor placed in a long-term Camp Community Placement program, and determined the maximum period of confinement to be 19 years. Minor appeals from the order, claiming there is insufficient evidence to establish that he intended to kill the victim. He also argues that if the court properly found him guilty of attempted murder, it erred by finding that the attempt was willful, deliberate, and premeditated. Court agree with the latter contention. Thus, Court affirm the juvenile courts order sustaining the attempted murder count in the petition, but reverse its finding that the attempt was willful, deliberate, and premeditated.
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