In re E.S. CA2/6

Filed 6/17/25 In re E.S. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 E.S., a Person Coming 2d Juv. No. B335765 Under the Juvenile Court Law. (Super. Ct. No. EL0510A) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

E.S.,

Defendant and Appellant.

E.S. appeals after the juvenile court ordered home probation with terms and conditions based on a finding appellant violated Penal Code section 29610, subdivision (a) (possession of a handgun by a minor). Appellant contends there was insufficient evidence he possessed the handgun. We will affirm.

FACTUAL BACKGROUND At around midnight one evening, three uniformed Los Angeles Police Department officers conducted a traffic stop of an SUV that was impeding traffic. As the officers approached in their marked police vehicle, a group of young men standing around the SUV appeared startled, clutched their waistbands, and rapidly entered the SUV. Officer Ferdy Cordero, the sole testifying witness, believed their behavior indicated concealment of contraband. The officers approached the SUV on foot, ordered the passenger compartment’s five occupants out, and patted each down. In patting down the rear middle passenger, an officer found a semiautomatic handgun with no magazine. Under the rear passenger seat just to the right of the middle seat, Officer Cordero found a magazine matching that firearm. The magazine contained three live rounds. After finding the magazine, Officer Cordero heard a rustling noise coming from the trunk. He illuminated the back of the trunk with his flashlight and saw appellant. Appellant was lying down in the trunk with his head towards the passenger’s side and his feet—propped up on a basketball—towards the driver’s side. There was sporting equipment, laundry detergent, bags, and clothing in the cluttered trunk. Not every area of the trunk floor was covered with items. On the passenger’s side of the trunk underneath clothing, Officer Cordero found a semiautomatic handgun loaded with five live rounds. The gun was within arm’s reach of the area where Officer Cordero found appellant. No contraband was found on appellant’s person.