People v. Miguel G.

Opinion

MUNOZ, J.

*

Appellant, Miguel G., appeals from the order of the juvenile court which found him to be a ward of the court pursuant to Welfare and Institutions Code section 602. The order was based upon findings that he had possessed phencyclidine (PCP) (a violation of Health & Saf. Code, § 11377, subd. (a)) on October 31, 1979, and had possession of a concealed loaded firearm on December 22, 1979 (a violation of Pen. Code, §§ 12025, subd. (b), and 12031, subd. (a)).

Appellant does not contest any issues arising from the petition concerning the firearm. Thus a short statement of the facts will suffice: On December 22, 1979, appellant was arrested outside of a grocery store where he had been drinking beer. He was observed trying to dispose of a loaded automatic pistol which he had been carrying in his pocket.

The first petition and the one which is the subject of this appeal concerns the events that occurred on October 31, 1979, at about 9:45 a.m. At that time two Los Angeles police officers assigned to a police “school car” observed appellant walking in an alley west of Central Avenue on 42d Street in Los Angeles. The location was about 8 to 10 blocks from Jefferson High School. Other minors were in the police car and when one of them saw appellant he stated, “He goes to Jefferson High School also.”

The officers stopped their vehicle, approached appellant and asked him why he was not in school. Appellant slowly answered that he was on his way to school, but he was late. When asked if he had a note, appellant indicated he did not. He also did not give any indication he was attempting to go to school. At that point the officers, who were empowered by the school district to act as truant officers, asked appellant to enter their car. Appellant complied and he was then taken to the Oper

[348]

ation Stay in School Center

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at 5139 South Main in Los Angeles. There the officers turned appellant over to one of the school counselors and then they left. The counselor attempted, but was unable, to communicate with appellant who seemed disoriented and would not sit down when told to do so. When given an envelope and told to place his belongings in it, appellant did not comply. Another student then instructed appellant in Spanish as to what he was to do. Appellant still did not comply. The counselor’s attention was distracted from appellant for a moment; when he looked back, appellant was walking out the door. The counselor ran after appellant, but was unable to catch him.