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

May 22, 2012

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



(Super. Ct. No. 62927)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

K.M. admitted he came within the provisions of Welfare and Institutions Code section 602 in that he drove a vehicle when he had a blood-alcohol level of .01 percent or greater (Veh. Code, § 23152, subd. (a), reduced to Veh. Code, § 23136, subd. (a)), an infraction. K.M. was 17 years of age when he committed the offenses, just two months prior to his 18th birthday. After K.M. submitted on police reports and a photograph, the court also found true he was a minor in possession of a concealable firearm in violation of Penal Code former section 12101, subdivision (a)(1),*fn1 and found the offense to be a felony. Other charges were dismissed. K.M. was declared a ward of the court, placed on probation, and ordered to serve six days in juvenile hall with credit for the six days he already served. An adult at the time of adjudication, K.M. was released.

On appeal, K.M. contends there was insufficient evidence to sustain a finding that K.M.'s concealable firearm offense could be treated as a felony and the court erred in imposing a fine without finding K.M. had the ability to pay. We affirm.

BACKGROUND

In January 2011, K.M. was stopped in his vehicle by police officers after they saw him driving at a high rate of speed and failing to use his turn signal. K.M. told the officers he did not have a driver's license. During their conversation with K.M., the officers noticed the smell of alcohol emanating from K.M. The officers also noticed K.M. had watery eyes and slurred speech. The officers placed K.M. in the back of a patrol car.

There were two passengers in the vehicle K.M. was driving: Nicholas Troy (age 18) and Cesar Parada (age 24). Both passengers were ordered to exit the vehicle and both were searched. During their search of the vehicle, officers found a Raven Arms model P-25 .25-caliber handgun under the front passenger seat.

K.M. admitted the gun found in the car was his. He told the officers he found the gun on the street approximately one month earlier. He said he put the gun under the seat when the officers' patrol car began following him. K.M. gave the officers a detailed description of the gun as well as the live ammunition located inside the magazine and additional rounds found in a brown paper bag. K.M. was taken into custody and booked into the Juvenile Justice Center.

K.M. was later charged with carrying a concealed firearm (Pen. Code, former § 12025, subd. (a)(2)-- count 1), carrying a loaded firearm in public (Pen. Code, former § 12031, subd. (a) -- count 2), driving a vehicle under the influence of alcohol (Veh. Code, § 23152, subd. (a) -- count 3), reckless driving (Veh. Code, § 23103 -- count 4), being a minor in possession of a concealable firearm (Pen. Code, former § 12101, subd. (a)(1) -- count 5), being a minor in possession of live ammunition (Pen. Code, former § 12101, subd. (b)(1)-- count 6), and obliterating the identification of a firearm (Pen. Code, former § 12090 -- count 7).

K.M. admitted to an amended charge of being a minor, driving a vehicle when he had a blood-alcohol level of .01 percent or higher (Veh. Code, § 23136, subd. (a)). He also submitted on the charge of carrying a concealable firearm (Pen. Code, former § 12101, subd. (a)(1)), which the court later found true and declared a felony. In exchange, the remaining charges were dismissed.

K.M. was declared a ward of the court, placed on probation, and ordered to serve six days in Juvenile Justice Center, with credit for the six days he already served. In addition, K.M. was ordered to complete 80 hours of community service. An adult at the time of adjudication, K.M. was released.

K.M. also was ordered to pay a $100 restitution fine (Welf. & Inst. Code, § 730.6, subd. (b)(1)), a collection fee not to exceed $25, a $100 fine payable to the general fund (Welf. & Inst. Code, § 731, subd. (a)(1)), and a ...


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