In re Conner T. CA4/2

CourtCalifornia Court of Appeal
DecidedApril 9, 2026
DocketE086716
StatusUnpublished

This text of In re Conner T. CA4/2 (In re Conner T. CA4/2) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Conner T. CA4/2, (Cal. Ct. App. 2026).

Opinion

Filed 4/9/26 In re Conner T. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 CONNER T., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, E086716 Plaintiff and Respondent, (Super.Ct.No. DLIN2200033) v. OPINION CONNER T.,

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Emily Benjamini, Judge.

Affirmed.

Annie Fraser, under appointment by the Court of Appeal, for Defendant and

Appellant.

Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney

General, Arlene A. Sevidal, Assistant Attorney General, Donald W. Ostertag and Elana

Miller, Deputy Attorneys General, for Plaintiff and Respondent.

1 The People filed a juvenile wardship petition against Conner T. alleging that he

committed murder. Conner appeals from the juvenile court’s order transferring him to

adult criminal court under Welfare and Institutions Code section 707. (Unlabeled

statutory references are to this code.) He argues that the court considered unreliable

evidence, so the findings underlying the court’s transfer order are not supported by

substantial evidence. Conner also argues that the court erred by admitting opinion

evidence regarding his credibility. In addition, he argues that the court violated the

corpus delicti rule by relying on his out-of-court statements that he was involved in other

murders. We affirm.

LEGAL FRAMEWORK

“Section 707 sets forth the procedures for transferring a minor from juvenile court

to criminal court. It provides that whenever a minor aged 16 years or older is alleged to

have committed a felony, the prosecutor may move ‘to transfer the minor from juvenile

court to a court of criminal jurisdiction.’ (§ 707, subd. (a)(1).) The prosecution bears the

burden of proving that the minor should be transferred. (Cal. Rules of Court, rule

5.770(a).)” (In re Miguel R. (2024) 100 Cal.App.5th 152, 164 (Miguel R.).)

After the People move to transfer the minor, “the juvenile court shall order the

probation officer to submit a report on the behavioral patterns and social history of the

minor.” (§ 707, subd. (a)(1).) “Following submission and consideration of the report,

and of any other relevant evidence that the petitioner or the minor may wish to submit,

the juvenile court shall decide whether the minor should be transferred to a court of

2 criminal jurisdiction. In order to find that the minor should be transferred to a court of

criminal jurisdiction, the court shall find by clear and convincing evidence that the minor

is not amenable to rehabilitation while under the jurisdiction of the juvenile court.”

(§ 707, subd. (a)(3).)

The court must consider five criteria when deciding whether the minor is

amenable to rehabilitation under juvenile court jurisdiction. (§ 707, subd. (a)(3)(A)-(E).)

“Those criteria are (1) ‘the degree of criminal sophistication exhibited by the minor’

(§ 707, subd. (a)(3)(A)(i)), (2) ‘[w]hether the minor can be rehabilitated prior to the

expiration of the juvenile court’s jurisdiction’ (§ 707(a)(3)(B)(i)), (3) ‘[t]he minor’s

previous delinquent history’ (§ 707, subd. (a)(3)(C)(i)), (4) ‘[s]uccess of previous

attempts by the juvenile court to rehabilitate the minor’ (§ 707, subd. (a)(3)(D)(i)), and

(5) ‘[t]he circumstances and gravity of the offense alleged in the petition to have been

committed by the minor’ (§ 707, subd.(a)(3)(E)(i)). The statute sets forth a

nonexhaustive list of relevant factors for the court to consider with respect to each of the

five criteria. (§ 707, subd. (a)(3)(A)(ii), (B)(ii), (C)(ii), (D)(ii), (E)(ii).)”1 (Miguel R.,

supra, 100 Cal.App.5th at p. 164.)

1 The listed relevant factors for the five criteria are: “the minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense; the minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior; the effect of familial, adult, or peer pressure on the minor’s actions; the effect of the minor’s family and community environment; the existence of childhood trauma; the minor’s involvement in the child welfare or foster care system; and the status of the minor as a victim of human trafficking, sexual abuse, or sexual battery on the [footnote continued on next page]

3 BACKGROUND

I. The alleged offense and the subsequent investigation2

The murder victim, Jeremy Abshear, was found shot to death in May 2023.

Conner was 17 years old at the time. He turned 18 years old in July 2023, roughly two

months later. Conner and four other individuals were involved in the shooting. The

other individuals were Cody Barneck (age 33), Mark Barneck (age 66), Aisa Bailey (age

19), and Angel L. (age 16).3 Cody is Mark’s son; father and son lived at the same

residence. Bailey is Mark’s grandson and Cody’s nephew. Conner and Angel are

Bailey’s friends.

The murder victim assaulted Cody and Mark with a plastic axe handle. The next

day, Mark asked Bailey for a firearm to protect against the victim. Bailey, Conner, and

minor’s criminal sophistication” (§ 707, subd. (a)(3)(A)(ii) [degree of criminal sophistication]); “the minor’s potential to grow and mature” (id., subd. (a)(3)(B)(ii) [possibility of rehabilitation within the time remaining of juvenile court jurisdiction]); “the seriousness of the minor’s previous delinquent history and the effect of the minor’s family and community environment and childhood trauma on the minor’s previous delinquent behavior” (id., subd. (a)(3)(C)(ii) [previous delinquent history]); “the adequacy of the services previously provided to address the minor’s needs” (id., subd. (a)(3)(D)(ii) [previous juvenile court attempts to rehabilitate]); and “the actual behavior of the person, the mental state of the person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development” (id., subd. (a)(3)(E)(ii) [circumstances and gravity of the alleged offense]).

2 We take the facts of the alleged offense and the investigation details from the probation report. The probation report summarizes law enforcement interviews with participants in the alleged offense, which took place within days of the offense.

3 Because of their shared last name, we refer to Cody and Mark by their first names. No disrespect is intended. 4 Angel arrived at Cody and Mark’s residence in the late-night hours, armed and wearing

black ski masks. Bailey drove the group, which also included his girlfriend. The

girlfriend remained in the car when the males got out.

Bailey gave Cody a .22-caliber rifle. The victim arrived a few minutes later.

Cody fired a warning shot in the victim’s direction when the victim began walking

toward the group. Bailey, Conner, and Angel then fired at the victim. The victim fell to

the ground, and one or more of the shooters continued to fire at him. Bailey, Conner, and

Angel fled in Bailey’s car immediately after the shooting. Cody and Mark walked into

the desert and buried the rifle there. Cody later led investigators to the rifle. Mark later

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Bluebook (online)
In re Conner T. CA4/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-conner-t-ca42-calctapp-2026.