In re C.W. CA3

Filed 2/6/26 In re C.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re C.W., a Person Coming Under the Juvenile Court C103565 Law.

THE PEOPLE, (Super. Ct. No. JV141951)

Plaintiff and Respondent,

v.

C.W.,

Defendant and Appellant.

Appointed counsel for minor C.W. (minor) filed an opening brief under People v. Wende (1979) 25 Cal.3d 436. Finding no arguable error that would result in a disposition more favorable to minor, we affirm the judgment. BACKGROUND In July 2024, law enforcement pulled over minor, who was then 17 years old, for a traffic violation. A subsequent search of the car revealed marijuana and a loaded firearm. A juvenile wardship petition under Welfare and Institutions Code section 602 was filed in

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Sacramento County case No. JV141951.1 The petition alleged that minor unlawfully carried a concealed firearm within a vehicle (Pen. Code, § 25400, subd. (a)(1); count one), carried a loaded firearm on his person or in his vehicle while in a public place (id., § 25850, subd. (a); count two), possessed an assault weapon (id., § 30605, subd. (a); count three), and possessed less than 28.5 grams of cannabis (Health & Saf. Code, § 11357, subd. (a); count four). The petition also alleged enhancements for not being the registered owner of the firearm as to count one (Pen. Code, § 25400, subd. (c)(6)) and count two (id., § 25850, subd. (c)(6)). Later that month, the juvenile court found minor was a child as described in section 602. The court released minor to his mother’s custody and ordered electronic monitoring. In August 2024, the juvenile court removed minor from electronic monitoring, over the People’s objection. The court released minor to the care and custody of his mother on home supervision. In September 2024, minor moved to suppress evidence pursuant to section 700.1 based on an assertedly illegal warrantless search of the car. The People opposed the motion. Sacramento County Sheriff’s Detective Terrence McDonald, who conducted the traffic stop and searched minor’s car, testified at the suppression hearing, and footage from his body-worn camera was admitted as evidence. The juvenile court denied the motion. The court found that Detective McDonald had probable cause to search the car, reasoning that minor was 17 years old at the time of the stop, “the officer smelled marijuana, both burnt and fresh,” and it “was illegal for a person 17 years old to possess marijuana.” In reaching this conclusion, the court declined