Opinion
2d Juv. No. B226504
10-07-2011
In re Alexis L., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. ALEXIS L., Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super. Ct. No. 2009032050)
(Ventura County)
ORDER MODIFYING IOPINION AND DENYING REHEARING. [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on September 12, 2011, be modified as follows:
1. On page 2, under the section entitled Factual and Procedural Background, in the first full paragraph, first sentence, the words "a rival tagger" are deleted so the sentence reads:There is no change in judgment. Appellant's petition for rehearing is denied.
"About five months before appellant's 18th birthday, he shot and killed Ivan Avila."2. On page 2, in the fifth full paragraph, the second sentence beginning with "Appellant initially denied" is deleted and the following sentence is inserted in its place:
"Appellant initially denied, and then admitted, his involvement."3. The paragraph commencing at the bottom of page 5 with "Substantial evidence supported" and ending at the top of page 6 "to a fight," in the last sentence of the paragraph, the words "and did not know that appellant had the weapon when he challenged to a fight" are deleted. The sentence now reads:
"The court acknowledged that appellant "did not intend to actually hit anyone but just shot towards the feet, wildly," but it also noted that the victim was unarmed."4. On page 6, in the first full paragraph beginning with "Appellant made no progress" the first sentence is deleted and the following paragraph inserted in its place:
"Appellant made no progress towards rehabilitation after his initial encounter with the juvenile system, and made no progress in the year and a half of release to himself before disposition in this case."5. On page 6, in the first full paragraph, in the last sentence, the word "knew" is deleted and insert in its place "should have known" so the sentence now reads:
"He said the program was not geared toward a person like him, but he did not seek out an alternative program even though he should have known he was facing a potentially lengthy term of commitment if he did not demonstrate an ability to rehabilitate in a nonrestrictive setting."