In re H.M. CA5

Filed 2/20/14 In re H.M. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re H.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067339

Plaintiff and Respondent, (Super. Ct. No. JW130335-00)

v. OPINION H.M.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Peter A. Warmerdam, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Holly Jackson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Poochigian, J. and Detjen, J.

Following a jurisdictional hearing, the juvenile court found true the allegation that 15-year-old H.M. resisted a peace officer (Pen. Code, 148, subd. (a)(1),1 a misdemeanor). The allegation that she falsely identified herself to a police officer was found not true. The court adjudged H.M. a ward of the court and granted probation. On appeal, H.M. contends insufficient evidence supported the juvenile court’s finding that she resisted a peace officer. We will affirm. FACTS On November 23, 2012, Officer Trefz was in uniform and patrolling in a marked patrol vehicle. At about 12:50 p.m., he and other officers were dispatched to Apartment B (the apartment) at a particular address regarding a stolen vehicle. Officer Trefz was told that numerous subjects were seen exiting the stolen vehicle and entering the apartment. Upon Officer Trefz’s arrival, he saw H.M. standing at the top of the landing of an outdoor staircase to the apartment. Another uniformed officer told H.M. to stop and not move. She did not comply, but instead ran into the apartment and closed the door. Officer Trefz ran after her, knocked on the front door, and announced police. She did not open the door. Officer Trefz forced the door open and saw her standing in the living room. He told her to get on the ground, but again she did not comply. She asked him what he was doing in there and she tried to walk away. Officer Trefz grabbed her wrist, and she tried to pull away from him. He put her in a wrist lock, put her on the ground, got on top of her, and applied handcuffs.2 He did so for officer safety because he had not yet cleared the apartment. He detained her so the officers could determine who was involved with the stolen vehicle. He took her to his patrol vehicle and asked her name. She did not tell him. Another officer asked her name and she gave a false name. Officers eventually learned her true name and booked her into juvenile hall.