In re R.W. CA1/4

Filed 1/27/14 In re R.W. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

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

THE PEOPLE, Plaintiff and Respondent, v. A137163 R.W., (Mendocino County Defendant and Appellant. Super. Ct. No. SCUKJDSQ121651301)

Minor R.W. appeals jurisdictional and dispositional orders entered after the juvenile court found he had possessed knives at school. Minor contends the evidence is insufficient to support the jurisdictional findings. We shall affirm the orders. I. BACKGROUND Minor was charged in a juvenile petition with possession of knives at school (Pen. Code,1 § 626.10, subd. (a)) (count one) and possession of stolen property (§ 496, subd. (a)) (count two). At the time of the alleged offenses, which took place in March 2012, Minor was thirteen years, four and a half months old.

1 All undesignated statutory references are to the Penal Code.

1

The juvenile court referred Minor to informal probation pursuant to Welfare and Institutions Code sections 654 and 654.1, and the petition was dismissed without prejudice in August 2012. The probation department filed a notice of probation violation in September 2012, alleging Minor had refused to submit to a drug test and that he had admitted such a test would indicate he had used marijuana. The notice also stated that Minor had been refusing to attend classes, that he had been temporarily placed on independent study, and that law enforcement had been called to Minor’s home because of his “out of control behaviors.” The notice also reported that when Minor was asked why he had had so many knives at the time of the alleged March 2012 offense, he said they were for “protection,” that his mouse pad and notebook had gang tagging and writings, that his stepbrother was a confirmed Norteño gang member, and that he had other friends and relatives who were gang members or associates. The probation department indicated its intent to resume proceedings on the original petition. A contested jurisdictional hearing took place in October 2012. The sole witness was the vice principal at Minor’s middle school. On the day of the offense, a teacher had reported that she had overhead Minor say something to another student like, “[A]re you feeling crazy yet[?]” and thought they might have exchanged something. With Minor’s permission, the vice principal searched his backpack and found three knives, a lighter, a homemade wooden pipe, a bottle with some pills, and a pad with some gang writing. Minor had a red star on his hand. The vice principal later saw a fourth knife on a table with the other items. Two of the knives were “utility” knives like Swiss Army knives, one was another type of pocket knife, and another was a locking blade knife. He did not know how long the knives were.2 The vice principal asked Minor why he had these items, and “[h]e didn’t say much.” He asked Minor whether anyone knew he had the pills, and Minor said, “[N]o.”