In re Marlon C. CA2/4

Filed 7/24/13 In re Marlon C. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

In re MARLON C., B243373 (Los Angeles County a Person Coming Under the Juvenile Court Law. Super. Ct. No. PJ47433)

THE PEOPLE,

Plaintiff and Respondent,

v.

MARLON C.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Benjamin Campos, Commissioner. Affirmed in part, reversed in part. Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stacy S. Schwartz and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent.

Marlon C. appeals from an order of wardship pursuant to Welfare and Institutions Code section 602 following the juvenile court’s finding that he committed the offenses of resisting, delaying or obstructing a police officer (Pen. Code, § 148, subd. (a)(1)) and trespass (Pen. Code, § 602, subd. (m)).1 He was placed home on probation, and the maximum period of confinement was determined to be 1 year 2 months. We reverse the finding that appellant committed the crime of trespass and strike the maximum period of confinement but otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND Rochelle Handy is the owner and property manager of an apartment building on Willis Avenue in Los Angeles County. Handy has a form from the Los Angeles Police Department (LAPD) authorizing her to arrest trespassers at her building. Her maintenance department posted “no trespassing” signs at her building that were recommended by the police department. (See L.A. Mun. Code, § 41.24.) LAPD Officer Alex De La Torre is assigned to a special detail called the safer cities initiative, which addresses gang activity in the area around the Willis Avenue building. Officer De La Torre testified that authorization to arrest signs posted on apartment buildings in the neighborhood are designed to prevent gang members from loitering in the area. On May 10, 2011, around 4:50 p.m., Officer De La Torre and his partner, Officer Lemus, responded to a request from a gang unit for backup at the Willis Avenue building. When they arrived, a man told the officers there was a juvenile wearing a blue hat in the courtyard who did not live in the building. The man further said that the juvenile had been with two other juveniles who had run from