Filed 10/26/22 In re D.W. CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, E078748 Plaintiff and Respondent, (Super.Ct.No. INJ1500158) v. OPINION D.W., Defendant and Appellant. APPEAL from the Superior Court of Riverside County. Elizabeth Tucker, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. Law Office of Zulu Ali & Associates and Whitney Ali for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Melissa Mandel and Tami Falkenstein Hennick, Deputy Attorneys General, for Plaintiff and Respondent. 1 D.W. is alleged to have participated in an attempted robbery when he was two weeks short of his 18th birthday. When the victims tried to flee by driving away, D.W. shot at the vehicle and struck one of the victims in the head, killing her. The juvenile court concluded D.W., who was already 21 years old by the time the People filed a wardship petition, was not amenable to treatment in the juvenile system and granted the People’s motion under Welfare and Institutions Code1 section 707 to transfer him to adult criminal court. D.W. appeals from that order. We affirm. I. PROCEDURAL BACKGROUND2 On May 7, 2021, the People filed a petition in the juvenile court alleging D.W. (who was 21 years old at the time) was a minor as described in Welfare and Institutions Code section 602 because, on or about October 19, 2017 (when he was less than one month shy of his 18th birthday), D.W. committed the felony offenses of first degree murder (Pen. Code, § 187, subd. (a)) and attempted robbery by force and fear (Pen. Code, §§ 664, 211). The petition also alleged D.W. personally and intentionally discharged a firearm during the commission of the offenses and caused great bodily injury or death (Pen. Code, §§ 12022.53, subd. (d), 1192.7, subd. (c)(8)); he committed the offenses for the benefit of, at the direction of, and in association with a criminal street gang and with 1 All additional undesignated statutory references are to the Welfare and Institutions Code. 2 The parties do not dispute the basic facts of the alleged offenses as summarized in the probation officer’s report. In addition, D.W. does not contend on appeal that the juvenile court’s order is not supported by substantial evidence. 2 the specific intent to promote, further and assist in criminal conduct by members of the gang (Pen. Code, 186.22, subd. (b)); and he committed the murder while attempting to flee after committing the attempted robbery (Pen. Code, § 190.2, subd. (a)(17)(A)). When it filed …
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