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In Re J.H., A Person Coming Under the Juvenile Court Law. v. J.H

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin)


January 23, 2012

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

(Super. Ct. No. 66503)

The opinion of the court was delivered by: Mauro , J.

In re J.H.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for appellant J.H. (the minor) asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review discloses no arguable error that would result in a disposition more favorable to the minor. We will affirm the judgment.

I

Detective Robert Johnson, a member of the Stockton Police Department gang violence suppression unit, was patrolling alone in a high crime area on October 8, 2010 at around 9:15 p.m. He was driving an unmarked police vehicle equipped with a solid red light and flashing blue lights. Detective Johnson wore blue jeans, a sport shirt, and a black vest that said "Police" on the front and back.

Johnson saw three juveniles, later identified as Juan, Javier and the minor, walking in the street about a block away. Johnson observed that an oncoming automobile swerved into Johnson's lane to get around the juveniles. Juan and Javier entered a liquor store while the minor waited outside. As the minor stood there, he put his hand beneath his hooded sweatshirt in the area of his waistband. Johnson wanted to talk to the juveniles but first called for Detectives Wong and Gutierrez to assist him. Detective Johnson told the other detectives what he had seen.

When Juan and Javier left the market, Johnson activated his vehicle lights and the detectives each pulled up to the juveniles in separate vehicles. Detective Guiterrez exited his car and said, "Hey, guys. This is the police." Juan and Javier "went straight to the ground" but the minor walked away at a faster than normal pace. Because Detective Johnson had seen the minor place his hand in the area of his waistband while waiting outside the liquor store, Johnson pointed his firearm at the minor and ordered him to stop. The minor complied and lay on the ground near his friends.

Detective Gutierrez obtained the minor's consent to search him. The search disclosed a fully loaded firearm in the minor's waistband and seven live rounds in the minor's pocket.

The minor was charged with unlawful possession of a firearm (former Pen. Code, § 12101, subd. (a)(1); count 1), unlawful possession of live ammunition (former Pen. Code, § 12101, subd. (b)(1); count 2), and participation in a street gang (Pen. Code, § 186.22, subd. (a); count 3). The juvenile court denied the minor's motion to suppress evidence and sustained counts 1 and 2. The juvenile court continued the minor as a ward of the court and committed him to a camp placement with a maximum confinement period of three years six months.*fn1

II

Appointed counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) The minor was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed and we received no communication from the minor.

Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to the minor.

DISPOSITION

The judgment is affirmed.

We concur: ROBIE , Acting P. J. BUTZ , J.


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