In re Erick G. CA2/7

Filed 9/23/13 In re Erick G. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re ERICK G., a Person Coming Under B245683 the Juvenile Court Law. (Los Angeles County Super. Ct. No. NJ27033)

THE PEOPLE,

Plaintiff and Respondent,

v.

ERICK G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John H. Ing, Judge. Affirmed. Kevin D. Sheehy, 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, Senior Assistant Attorney General, Lawrence M. Daniels and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

Erick G. appeals from an order denying deferred entry of judgment after the juvenile court found he had committed the offense of possession of a firearm by a minor (Pen. Code, § 29610), a felony. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Long Beach police officers were seeking witnesses to a recent shooting in an alley outside Erick‟s apartment. Through the open window the officers saw marijuana plants growing in a fish tank in Erick‟s bedroom. A loaded handgun was then found during a search of the bedroom. Erick admitted the marijuana plants and the handgun belonged to him. A three-count petition was filed pursuant to Welfare and Institutions Code section 6021 charging then 17-year-old Erick with possession of a firearm by a minor, cultivating marijuana and misdemeanor possession of live ammunition by a minor. Erick denied the allegations. Following the denial of his motion to suppress evidence (§ 700.1), Erick waived his right to a jurisdiction hearing and admitted the allegation of possession of a firearm by a minor with the understanding the juvenile court would determine the appropriate disposition after reviewing the probation report and dismiss the remaining counts in furtherance of justice. The court found the allegation to be true and sustained the petition. Defense counsel then presented Erick‟s most recent student progress report from the Los Padrinos Juvenile Detention Facility and requested the court either grant Erick deferred entry of judgment (DEJ) or order him home on probation as recommended by the probation department. The prosecutor urged the court to order Erick into the short-term camp community placement program. After reviewing the probation report and hearing argument by counsel, the juvenile court found Erick was not suitable for DEJ under the circumstances of the offenses and Erick‟s background, specifically the loaded firearm and his admitted gang