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Modification: In re A.M.

Lower Court

Ventura County Superior Court

Lower Court Judge

Ferdinand Inumerable

dissenting Judge(s)

Kenneth Yegan

Conviction as adult for crime committed at 14 years old was nonfinal after conditional reversal, entitling defendant to benefit from laws barring transfer of such cases to adult criminal court.





Court

California Courts of Appeal 2DCA/6

Cite as

2024 DJDAR 5338

Published

Jun. 19, 2024

Filing Date

Jun. 18, 2024

Opinion Type

Modification


In re A.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

A.M.,

Defendant and Appellant.

 

2d Juv. No. B329999

(Super. Ct. No. 2009024052)

(Ventura County)

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

California Court of Appeal

Second Appellate District

Division Six

Filed June 18, 2024

 

THE COURT:

It is ordered the opinion filed herein on May 31, 2024, be modified as follows:

1. On page 3, third sentence of the third full paragraph, the word "physically" is inserted between the words "to" and "confront" so that the sentence reads:

 

As the youngest member of his gang, A.M. believed he had a duty to physically confront S.S.

 

2. On page 3, fourth full paragraph, the second sentence beginning "S.S. arrived" is deleted and replaced with the following sentence:

 

S.S. was already there.

 

There is no change in the judgment.

Respondent's petition for rehearing is denied.

 

GILBERT, P. J.

BALTODANO, J.

 

 

 

#282707

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