In re Juan H. CA2/3

Filed 4/30/14 In re Juan H. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re JUAN H., a Person Coming Under the B247710 Juvenile Court Law. _____________________________________

THE PEOPLE, (Los Angeles County Super. Ct. No. VJ42477) Plaintiff and Respondent,

v.

JUAN H.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Philip K. Mautino, Judge. Affirmed. Law Offices of Sarah A. Stockwell and Sarah A. Stockwell, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Stephanie A. Miyoshi and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Juan H., a minor, appeals from an order continuing wardship (Welf. & Inst. Code, § 602) entered following a determination he possessed marijuana for sale (Health & Saf. Code, §11359). The court ordered appellant to remain home on probation. We affirm the order continuing wardship. FACTUAL SUMMARY Viewed in accordance with the usual rules on appeal (In re Dennis B. (1976) 18 Cal.3d 687, 697 (Dennis B.)), the evidence established that as of November 20, 2012, Los Angeles County Sheriff’s Deputy Michael Duff had been a deputy for more than six years, and a patrol deputy assigned to the Lakewood station for almost three years. Duff spent most of his patrol time in Paramount. About 4:40 p.m., Duff and his partner, Los Angeles County Sheriff’s Deputy Michael Mabee, were in uniform in a marked patrol car travelling northbound on San Jose in Paramount. Duff saw four males, including appellant, standing on the southeast corner of San Jose and Somerset. The intersection was known for narcotics trafficking, especially marijuana sales. The four males looked in the deputies’ direction, then began walking away. Appellant removed from his left jacket pocket two small ziplock baggies, each containing a usable amount of marijuana, and threw them down (hereafter, discarded baggies). Each baggy had a bulldog logo. The deputies detained the four males and Duff recovered the discarded baggies. There was no debris on the ground where Duff recovered the discarded baggies. Duff began searching appellant and speaking with him. Appellant denied he was on probation. Duff continued searching appellant and found in his right jacket pocket a plastic bag containing about 50 small ziplock baggies with the bulldog logo. Duff also found a medium-sized glass jar containing a substantial amount of marijuana. Duff found in appellant’s “left pocket” a red, cylindrical, pill bottle (hereafter, bottle) containing marijuana. Two baggies (each containing marijuana) were in the bottle. Duff testified the discarded baggies and the two baggies in the bottle “appear[ed] to be packaged.”