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In Re V.M., A Person Coming Under the Juvenile Court Law. v. V.M

October 18, 2011

IN RE V.M., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
V.M., DEFENDANT AND APPELLANT.



(Super. Ct. No. JV131446)

The opinion of the court was delivered by: Nicholson , Acting P. J.

In re V.M.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

The juvenile court sustained allegations that appellant V.M. (hereafter, the minor), possessed a concealed firearm (Pen. Code, § 12101, subd. (a)(1), count one); carried a loaded firearm in a public place (Pen. Code, § 12031, subd. (a)(1), count two); and carried a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(3), count three). The court found count one, a "wobbler," to be a felony; the other two counts were straight felonies.

The court declared the maximum time of confinement that could be imposed on an adult convicted of these offenses was three years. It released the minor to the custody of his parent and placed him on probation for six months.

The minor appeals, claiming the juvenile court abused its discretion by (1) determining count one was a felony; and (2) designating the maximum time of confinement. Except to strike the designation of confinement time, we affirm the order of the juvenile court.

FACTS

A car being pursued by a Sacramento police officer struck a parked car. The officer saw four males jump out of the car. The officer chased the car's driver, but he failed to catch him. The officer identified the minor as the right front passenger in the car.

A neighbor heard the collision. When he went outside, he saw a police officer chasing three men. He later identified the minor as one of the men he had seen running from the officer.

Investigating officers determined the car had been stolen. During a search of the car, they found a Smith & Wesson .38-caliber revolver that was loaded with six rounds. They located the gun under the right front passenger seat with its muzzle pointing toward the back of the car.

DISCUSSION

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