In re A.Z. CA2/2

Filed 7/3/14 In re A.Z. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re A.Z., a Person Coming Under the B249574 Juvenile Court Law. (Los Angeles County Super. Ct. No. PJ49647)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.Z.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Fred J. Fujioka, Judge. Affirmed and remanded with directions. Torres & Torres and Tonja R. Torres, 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, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

******

A.Z. (appellant), born in 1996, appeals from an order declaring him to be a ward of the court pursuant to Welfare and Institutions Code section 602, upon findings that he was in possession of a firearm (Pen. Code, § 29610, count 2),1 possession of methamphetamine (Health and Saf. Code, § 11377, subd. (a), count 3), and possession of live ammunition (§ 29650, count 4). The juvenile court ordered appellant into a camp community placement program for nine months with a maximum term of confinement of four years. On appeal, appellant argues: (1) the evidence was insufficient to support the true finding of possession of methamphetamine; (2) the juvenile court erred when it failed to declare whether possession of a firearm and possession of a controlled substance were felonies or misdemeanors; (3) the juvenile court failed to stay punishment for possession of ammunition pursuant to section 654; and (4) the juvenile court miscalculated appellant’s maximum confinement time. Appellant’s sentence for possession of ammunition shall be stayed pursuant to section 654. The matter must be remanded for the juvenile court to exercise its discretion pursuant to Welfare and Institutions Code section 702. In all other respects, the wardship order is affirmed. FACTUAL BACKGROUND Prosecution Case At approximately 1:30 p.m. on March 15, 2013, Los Angeles Police Department Officers Francisco Maravilla and Gus Ramirez were on patrol in the area of Saticoy and Louise Streets in the County of Los Angeles. Officer Maravilla saw a minivan with a defective left taillight and followed it. The minivan was driven by appellant and contained a male and female passenger and a child. Officer Maravilla followed the minivan through side streets and when it failed to stop at a stop sign, he activated the patrol car’s lights and siren to signal the driver to pull over. Appellant ignored the lights