In re Q.W. CA5

Filed 7/7/14 In re Q.W. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Q.W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F068610

Plaintiff and Respondent, (Super. Ct. No. 13CEJ600901-1)

v. OPINION Q.W.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. James Kelley, Judge. Randall Conner, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Detjen, J. and Franson, J.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and In re Kevin S. (2003) 113 Cal.App.4th 97, 119 (Kevin S.) (Wende review extended to a minor’s first appeal in a delinquency case). Having reviewed the record as required by Wende and Kevin S., we affirm the order. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On November 8, 2013, a juvenile wardship petition was filed alleging that Q.W., a 16-year-old minor, came within the provisions of Welfare and Institutions Code section 602, subdivision (a), in that, on November 1, 2013, the minor violated Penal Code, section 496d, subdivision (a), receiving stolen property, a motor vehicle, and Penal Code section 148, subdivision (a)(1), resisting, delaying, or obstructing a peace officer. The incident at issue involved a gray 2002 Suzuki Aerio owned by Rosemary Ortega. The car had a key stuck in the ignition, and Ortega used a spare key to lock the car. In late October of 2013, Ortega discovered that her car had been stolen. At approximately 9:00 a.m. on November 1, 2013, California Highway Patrol (CHP) Investigator Chad Moran noticed the stolen car in the McLane High School parking lot. Moran and CHP Investigator Corben Whitney and other members of the auto theft prevention task force watched the car. At about 3:00 p.m., Q.W. and another minor, E.M., entered the car and E.M. drove the car from the school grounds. The car came to a stop on Archie Avenue near Home Avenue. Whitney, driving an unmarked black Dodge Dakota truck, stopped behind the car, without activating his lights. Whitney had on a black t-shirt that displayed a prominent CHP insignia on the front and back. Fresno County Sheriff’s Deputy Herzog parked his unmarked gray Chevy Traverse in front of the stolen car with his alert light activated. The lights included flashing LED lights on each corner of the vehicle, LED red and blue lights on a drop-down visor, and additional lights in the rear. Herzog had on a green