In re Jacob R
Filed 4/24/06 In re Jacob R. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| In re JACOB R., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JACOB R., Defendant and Appellant. | G035196 (Super. Ct. No. DL018337) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Joy Wiesenfeld Markman, Judge. Affirmed.
Stephen S. Buckley, Christian C. Buckley, Buckley & Buckley, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Angela M. Borzachillo, Deputy Attorneys General, for Plaintiff and Respondent.
* * *
Sixteen-year-old Jacob R. appeals from the juvenile court order making him a ward after the court found he committed the following violations of the law: two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)),[1] one count each of attempted murder (§§ 187, subd. (a), 664), street terrorism (§ 186.22, subd. (a)), carrying a loaded firearm while a gang member (§ 12031, subds. (a)(2) & (c)), and carrying a concealed weapon while a gang member (§ 12025, subds. (a)(2) & (b)(3)). These offenses were enhanced with special allegations that he personally used a firearm (§ 12022.5, subd. (a)), participated in criminal activity to benefit a gang (§ 186.22, subd. (b)(1)(A)), and personally discharged a firearm (§ 12022.53, subd. (c)). Jacob was sent to the California Youth Authority (CYA) with a maximum confinement period of 42 years, 4 months.
On appeal, Jacob contends the juvenile court erred when it denied his motion for acquittal at the end of the prosecution's case due to insufficiency of evidence. He also characterizes the prosecution's failure to produce the gun as prosecutorial misconduct, denying him due process of law. Finally, he contends the court erred in admitting the testimony of the prosecution's expert on gang behavior because that witness relied on allegedly hearsay statements to formulate his opinion. We affirm the juvenile court order.
FACTS
Townsend Street was the name of a criminal street gang in which Jacob was a member, along with his brother Edward, Victor B. and Ulises R.--holding nicknames of â€
