In re Carlos L.
This appeal arises from a dispositional order after Carlos L. (the Minor) admitted having committed an attempted murder for the benefit of a street gang. In his admission of attempted murder, the Minor accepted as a factual basis that he aided and abetted the commission of the offense. The probation officer's report for the dispositional hearing noted witness statements that claimed the Minor was the person with the gun and the one who fired a shot at a rival gang member. The juvenile court considered that information together with other data in the probation officer's report and ordered the Minor be committed to the Department of Juvenile Justice (DJJ). The Minor appeals contending the court erred in considering the witness statements in the probation officer's report, and that his trial counsel was ineffective for failing to object to such statements. The Minor has also filed a companion petition for writ of habeas corpus (In re Carlos L., D064067) repeating his allegations that trial counsel was ineffective.
We will find no error by the court or the prosecution in referring to the witness statements which identified the Minor as the person who used the firearm. We will also find the Minor has failed to establish ineffective assistance by trial counsel. Accordingly, we will affirm the judgment. We will deny the petition for writ of habeas corpus by separate order.
Before we begin the discussion of the issues raised in this appeal, we pause to note what is not at issue. The Minor does not challenge his admission of the offense and the gang enhancement. Nor does the Minor challenge the juvenile court's exercise of discretion in rejecting his request for placement in a residential treatment facility and instead choosing to commit him to DJJ. With those limitations in mind, we will omit a statement of facts of the underlying offense since it is not necessary for the discussion of the issues on appeal.
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