In re G.M. CA2/2

Filed 5/8/25 In re G.M. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re G.M., a Person Coming B334768 Under the Juvenile Court Law. THE PEOPLE, (Los Angeles County Super. Ct. No. SJ0447A) Plaintiff and Respondent,

v.

G.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David Yaroslavsky, Judge. Affirmed with instructions. John Schneider, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

The juvenile court sustained the People’s allegation that minor G.M. carried a loaded handgun in violation of Penal Code section 25850, subdivision (a), a misdemeanor. Accordingly, the court declared G.M. its ward under Welfare and Institutions Code section 602 and ordered home probation. As part of that order, it also fixed a maximum term of confinement. We agree with the People that substantial evidence supports the juvenile court’s finding G.M. committed the alleged criminal act and was therefore a person described in Welfare and Institutions Code section 602. But because the court’s order did not call for G.M.’s removal from his mother’s custody, we order the maximum term of confinement stricken. FACTUAL AND PROCEDURAL BACKGROUND Shortly after midnight on December 28, 2023, Los Angeles County Sheriff’s Department Deputies Carlos Martinez and Samuel Curameng were on separate patrols in Canyon Country. Deputy Curameng initiated a traffic stop of a gray Acura sedan and Deputy Martinez immediately joined in the stop. The driver pulled over near the intersection of Jakes Way and Sandy Drive. As the car stopped, G.M. exited the front passenger door and ran down Sandy Drive towards Zev Drive. Deputy Martinez gave chase on foot while Deputy Curameng stayed with the car and driver. During the chase, Deputy Martinez noticed G.M. gripping his waistband with his right hand while his “left hand was running freely.” At the intersection of Sandy Drive and Zev Drive, Deputy Martinez noticed “both [G.M.’s] hands became free. He started running with both hands open freely.” This helped G.M. run faster and escape the deputy’s sight. Deputy Martinez found