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

February 25, 2013


(Super. Ct. No. 68774)

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

In re J.S. CA3


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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 minor's appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110. In accordance with Kelly, we will provide a summary of the offenses and the proceedings in the trial court.

In July 2011 law enforcement responded to a security alarm at Hamilton Elementary School. When they arrived, officers found a classroom window shattered and two people inside. As the officers approached the classroom, J.S. fled, dropping a hammer and flashlight, and shoving one of the officers. One of the officers ran after J.S. and ordered him to stop; J.S. stopped and "took a fighting stance with the officer." The officer took out his Taser and ordered J.S. to the ground. J.S. complied. The officers inspected the classroom. The room was "ransacked," and there was graffiti spray-painted on the walls.

J.S. was detained and charged with second degree burglary (Pen. Code, § 459), vandalism (Pen. Code, § 594, subd. (b)(1)), possession of tools to commit vandalism (Pen. Code, § 594.2, subd. (a)), resisting a peace officer (Pen. Code, § 148, subd. (a)(1)), and possession of burglary tools (Pen. Code, § 466). J.S. later admitted the truth of the allegations and was granted deferred entry of judgment. (Welf. & Inst. Code, § 790.) J.S. was released into his mother's custody.

In February 2012 law enforcement conducted a traffic stop and found J.S. in a vehicle with four other people. The driver of the vehicle was driving on a suspended license; he told the officers that "his back passenger had a gun . . . ." Under the rear seat on the driver's side, where J.S. was sitting, the officers found a .357 Ruger, which previously had been reported stolen. The officers also found a bag containing ammunition for a .357-caliber gun, a .45-caliber gun, and ammunition referred to as ".62X39." J.S. was detained and taken to the Stockton Police Department. While at the police department, J.S. spit in a police officer's face.

J.S. was subsequently charged in a Welfare and Institutions Code section 602 petition with battery on a police officer. (Pen. Code, § 243, subd. (b).) J.S. admitted the truth of the allegation and the charge was added to his deferred entry of judgment. The People then withdrew a previously submitted statement of noncompliance with the deferred entry of judgment. J.S. was again released into his mother's custody.

In March 2012 law enforcement found a handgun in the basement of the home where J.S. lived with his mother. Officers also found a bullet inside the home. The gun matched a Ruger handgun previously reported stolen from J.S.'s brother, N.S. J.S., who was home at the time the gun and bullet were found, was detained and taken into custody. A third Welfare and Institutions Code section 602 petition was then filed. The petition alleged J.S. possessed a firearm (Pen. Code, § 29610 [formerly Pen. Code, § 12101, subd. (a)] and ammunition (Pen. Code, § 29650 [formerly Pen. Code, §12101, subd. (b)], and was in receipt of stolen property (Pen. Code, § 496, subd. (a)). J.S. was detained and remained in custody pending the jurisdictional hearing. A deferred entry of judgment notice of noncompliance also was filed, alleging J.S. failed to obey all laws.

In May 2012 a contested disposition hearing was held. The court heard testimony from numerous witnesses, which collectively set out the following. Around the end of February 2012 J.S.'s older brother N.S. went to a gun store and picked out a .45-caliber, black and stainless steel Ruger handgun. N.S. took J.S. with him to the gun store. Ten days later, N.S. went back to pick up the gun; J.S. did not go with him. N.S., who lived on his own, took the gun to their mother's house, where J.S. was living. He may have left a bullet behind. Later in March 2012, N.S.'s home was burglarized. Among the items stolen from his home was the Ruger.

On the morning of March 27, 2012, J.S.'s mother, M.T., was awakened from sleep by a "pop, pop" noise. She got out of bed, saw that J.S. and his other brother were asleep in bed, then looked out of a window. M.T. saw a car driving toward the house and heard two or three more shots. M.T. went outside, where she encountered law enforcement officers. One of the officers pointed to a "broken area" in her car and asked if it was a bullet hole. M.T. had not seen it the night before.

City of Stockton Police Officer Shawn Sattler was one of the officers to respond to the report of shots fired. Sattler found an "unfired" bullet in the living room in "plain view." He then walked through the house to the back door, which he used to go into the backyard and around the side of the house to access the basement. Inside the basement, Sattler searched behind a low, cinderblock partition and found a "brand-new" looking backpack. Inside the backpack, Sattler found a loaded .45-caliber Ruger and two additional "magazines." He also found a shell casing in the street.

City of Stockton Police Officer Roger Williams also responded to the call of "shots fired," at the home of J.S. and M.T. He spoke with M.T. and showed her a bullet hole in the side of her car. There was no rust around the hole, and the paint surrounding the hole was "loose." Another officer brought to Williams the bullet found inside the house; M.T. said the bullet belonged to her older son, N.S. Williams then gathered the gun and ammunition from the ...

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