In In the Matter of C.M., C.M. and his friends were walking through a public housing project when they came across some rival gang member "tagging" the walls. C.M. and one of the other gang member (Garcia) had been involved in an incident a couple of weeks prior. When C.M. asked Garcia why they were tagging the walls, Garcia attacked C.M. C.M. pulled out a gun and shot and killed Garcia. A court-ordered psychological and diagnostic study determined that C.M. knew what he had done and what the consequences were for his behavior. Therefore, the investigation recommended that C.M. be tried in the juvenile system and afforded rehabilitation treatment. The trial court did not accept the psychologist recommendation to retain C.M. in the juvenile