just showing off," said Walker.

After the talk, Walker pulled the boy aside and talked to him.

"He was a good kid," Walker recalled, but added: "I told the school to watch him."

Justice Toliver, 17, and mother of a two-year-old daughter, was fatally shot by her brother Mario Toliver Jr., 14, in a Chinatown apartment in Oakland, Calif., on Thursday, Jan. 23, 2014. Toliver Jr. is at-large as the investigation continues. (Ray Chavez/Bay Area New Group)

Oakland Unified School District spokesman Troy Flint said Justice Toliver was not enrolled in school but had been a student at Fremont High School in 2011-2012. Counselors were at McClymonds and Castlemont high schools on Friday working with students who knew her. She did not attend those schools, but apparently has close contacts there, Flintcontends that resentencing is required because the trial court based two aggravating factors on the fact of the gun use and because the record failed to support another factor, the victim's particular vulnerability.
For discussion purposes, we adopt respondent's factual summary: "At approximately 8:15 p.m. on June 7, 1980, appellant Troy Thomas Bennett, Susan Bennett, and William Harris entered the Foodland Market on Marks and Bullard in the City of Fresno.... Appellant and Bennett approached head clerk Duke Reed, and appellant told Reed he had been shortchanged when he was in the market earlier that day.... Reed told appellant there was nothing he could do about it tonight.... Appellant then turned around, produced a sawed-off shotgun, and ordered Reed to open the safe....
"Bennett accompanied Reed to the safe.... After