In re Jose C. CA1/2

Filed 7/18/13 In re Jose C. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

In re JOSE C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A136846 JOSE C., (Alameda County Super. Ct. Defendant and Appellant. No. SJ12018609-01)

Appellant Jose C., a minor, appeals from the juvenile court jurisdictional findings that he carried a concealed firearm and that he carried a loaded firearm in public. Appellant also appeals a disposition order declaring him a ward of the court and placing him on probation. Appellant brings this appeal in compliance with Welfare and Institutions Code section 800. Appellant’s counsel filed the opening brief without raising any specific issue and requests that the court conduct an independent review of the entire record in accordance with People v. Wende (1979) 25 Cal.3d 436. Appellant was apprised by counsel of his right to file a supplemental brief on his own behalf and he did not do so. We have reviewed the entire record and find no arguable issues that would present a meritorious appeal.

1

BACKGROUND The information filed by the Alameda County District Attorney included: in count one, that appellant carried a concealed firearm (Pen. Code, § 25400, subd. (a)(2)), and, in count two, that he carried a loaded firearm in public (Pen. Code, § 25850, subd. (a)). On June 26, 2012, following a contested jurisdictional hearing, the court found these allegations to be proven true beyond a reasonable doubt. The court subsequently declared appellant a ward of the court and placed him on probation in his mother’s custody. At the jurisdictional hearing, the court heard from the following witnesses: appellant and Hayward Police Officer Paul Petersen, the officer who discovered the firearm and arrested appellant. On January 30, 2012, just before 6:00 p.m., Hayward Police Officers Valderrama and Petersen drove to an address on Jefferson Street, which was a gang residence that had been the location of multiple shootings and was known to house individuals who possess firearms. The police reports and officer’s testimony state that upon approaching the residence, Officer Petersen noticed appellant standing in front of the home smoking a cigarette. Smoking in public is a Municipal Code violation in Hayward under section 5-6.11. Petersen asked his partner to stop the vehicle in order to issue appellant a citation for smoking in public. In his testimony, Petersen stated that he stepped out of his vehicle and began to walk toward appellant. Petersen said that when appellant saw Peterson drawing near, he discarded his cigarette and “casually” walked around the side of the residence toward the back of the home. Petersen testified that he yelled at appellant to remain where he was and then pursued appellant to the back of the residence, losing sight of him for approximately five seconds. Petersen regained sight of appellant when he looked around the back of the house; and there he witnessed appellant tossing a black object underneath a blue tarp that covered debris. Petersen stopped appellant. Petersen’s partner arrived, and appellant was searched for weapons, asked for his identification and detained. While appellant was detained Petersen searched the area and recovered the object appellant had discarded. Petersen noted that the area underneath the tarp was