In re D.E. CA2/6

Filed 6/2/25 In re D.E. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re D.E., a Person Coming 2d. Juv. No. B337199 Under the Juvenile Court (Super. Ct. No. FJ57993) Law. (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

D.E.,

Defendant and Appellant.

D.E. appeals the juvenile court’s order sustaining a wardship petition alleging possession of a handgun by a minor and placing him on probation. (Welf. & Inst. Code,1 § 602; Pen. Code, § 29610, subd. (a).) He contends insufficient evidence

1 Statutory references are to the Welfare and Institutions Code, unless otherwise stated.

supports the petition and the court erroneously included a maximum term of confinement. We strike the maximum term of confinement but otherwise affirm.2 FACTUAL AND PROCEDURAL HISTORY In August 2022, Officers Giron and Gutierrez from the South Pasadena Police Department pulled over a car for speeding and failing to signal when turning. Seventeen-year-old D.E. was the driver and only occupant in the car. Officer Giron approached D.E. and asked him for his driver’s license. D.E. did not produce a license. At Officer Giron’s request, D.E. exited the car. Officer Giron conducted a patdown search of D.E.’s person and found a marker. D.E. told Officer Giron that he had clothes in the car and gave him permission to search the car. Officer Giron searched the inside of the car and located a loaded .38 Special revolver inside an unzipped purse located behind the front passenger seat. The purse was “within arm’s reach” of the driver. The stock or handle of the firearm faced the driver’s seat and the barrel pointed away. There were no objects obstructing access to the firearm from the driver’s seat. Near the purse in the rear passenger side area of the car were “feminine items” including perfume and a woman’s bra. Inside the car was a pouch with used makeup items. In the trunk of the car was men’s clothing. Officer Gutierrez also searched in the center console of the car and found live rounds of ammunition, including .38 Special rounds, and several markers. The center console lid was closed and the contents were not visible to the “naked eye.”