In re J.B. CA3

Filed 7/30/14 In re J.B. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re J.B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, C074754

Plaintiff and Respondent, (Super. Ct. No. JV129980)

v.

J.B.,

Defendant and Appellant.

The minor J.B. appeals from the trial court’s order continuing him as a ward of the court and committing him to a placement facility after finding he violated probation. The minor contends insufficient evidence supports the trial court’s finding he violated probation. We conclude substantial evidence supports the probation violation and affirm the judgment.

1

FACTS AND PROCEDURAL HISTORY In October 2010, the minor (DOB: November 1996) was declared a ward under Welfare and Institutions Code section 6021 after he admitted felony violations of Penal Code section 487 (grand theft) and Health and Safety Code section 11350 (possession of a controlled substance) in two separately filed petitions. The court released the minor to his mother’s custody. In January 2012, the minor was continued as a ward after he admitted a misdemeanor violation of Penal Code section 148.9 (providing false information to an officer). The court released the minor to his mother’s custody. A fourth petition filed July 19, 2013, pursuant to section 602 alleged the minor unlawfully possessed a concealable firearm (Pen. Code, § 29610) and unlawfully possessed a firearm without the manufacturer’s identification mark, a misdemeanor (Pen. Code, § 23920), and he was a prohibited person in possession of a firearm (Pen. Code, § 29815, subd. (a)). On the same day, a notice of hearing on a violation of probation was filed pursuant to section 777 alleging the minor possessed or controlled a dangerous weapon or he had knowingly remained in a building where a person unlawfully had a dangerous weapon, in violation of condition number 5 (count one),2 he failed to keep the probation officer informed of his location and telephone number, in violation of condition number 13(c) (count two), and he failed to be at the home of the person who had custody of him between 10:00 p.m. and 6:00 a.m., in violation of condition number 13(i) (count three).