In re S.F. CA1/4

── In re S.F. CA1/4 ── Court: California Court of Appeal Date: May 07, 2026 Category: General Filed 5/7/26 In re S.F. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT DIVISION FOUR In re S.F., a Person Coming Under the Juvenile Court Law. THE PEOPLE, A172335 Plaintiff and Respondent, (Alameda County Super. Ct. v. No. JV-029518-03) S.F., Defendant and Appellant. In this juvenile wardship proceeding (Welf. & Inst. Code § 602), the juvenile court sustained a petition against minor S.F. for first degree murder, attempted first degree murder, and attempted robbery. The court imposed concurrent maximum times of confinement of 25 years to life for first degree murder, 15 years to life for attempted first degree murder, and 8 months for attempted robbery. The court granted him 951 days credit for time he spent in custody before his dispositional hearing. S.F. raises two issues on appeal. First, he contends that insufficient evidence supported the juvenile court’s finding that the attempted murder was premeditated and deliberate, a prerequisite for the charge’s first-degree designation. If the charge were reduced to second degree, the maximum term of confinement would be seven years instead of fifteen. (See Welf. & Inst. 1 Code, § 726, subd. (d)(1); Pen. Code, § 664, subd. (a).) Second, he contends that the court should have granted him two more days credit for a total of 953, and the Attorney General agrees. We conclude that only the second contention has merit. We therefore affirm the finding that the attempted murder was premeditated and deliberate, and we modify the dispositional order to reflect 953 days of precommitment credit. BACKGROUND In July 2021, 16-year-old S.F. left a market with his dog, having bought dog food inside. Two young men stopped him outside the market door, and one of them took S.F.’s dog from him at gunpoint. After briefly going back inside the store, S.F. came out and fired multiple gun shots at the two men, who were walking away with the dog. Four of the shots hit one of the men, who died as a result. Three days later, around 3:30 a.m., S.F. stood near the side of a gas station building. He had the same gun that he had used in the earlier incident, loaded with at least one live round. Robert Whelan pulled up to one of the gas pumps and went inside to buy coffee, noticing S.F. at the side of the building. Whelan returned to his car with the coffee and filled his tank. As he started to get into the car, S.F. jumped out, pointed the gun at Whelan’s face, and screamed something along the lines of, “Give me all your money, motherfucker.” S.F. was about five to six feet from Whelan. Whelan believed that S.F. was going to shoot him in the head. Instead of complying with S.F.’s demand, Whelan threw his coffee at S.F.’s face, ducked down to avoid the gunfire he anticipated, and looked for something with which to fight back. As he threw the coffee, S.F. fired one shot, hitting Whelan in the abdomen. Whelan reached for a garbage can lid so that he could use it as a shield or a weapon. When he stood back up, S.F. 2 was running across the parking lot, and the gas station shop clerk was calling 911. S.F.’s cell phone lay on the ground near Whelan’s car. At S.F.’s