In re Jonathan O. CA1/1

Filed 11/7/14 In re Jonathan O. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re Jonathan O., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A141982

v. (San Mateo County JONATHAN O., Super. Ct. No. 79057) Defendant and Appellant.

INTRODUCTION We are asked to review an appeal from the juvenile delinquency court where appellant was charged with a violation of Penal Code section 647, subdivision (f), and the petition was sustained. Appellant raises two issues: (1) the offense did not take place in a public place, and (2) his inability to care for himself was not proven beyond a reasonable doubt. We have reviewed the case and we now affirm. STATEMENT OF THE CASE On July 10, 2013, the San Mateo District Attorney filed a petition pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging appellant committed misdemeanor disorderly conduct by being found in a public place under the influence and in such a state that he could not exercise care for his own safety or the safety of others. (Pen. Code, § 647, subd. (f).) The juvenile court conducted a contested hearing on April 3, 2014, and sustained the petition. On May 19, 2014, the court declared the minor a

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ward of the court and placed him on probation in the home of his parents. A timely notice of appeal was filed on May 29, 2014. STATEMENT OF FACTS Officer Joseph Freitas is a member of the Redwood City Police Department. He is trained in observing the symptoms of a person being under the influence of alcohol and drugs. He had been a police officer for approximately 13 years at the time of appellant’s arrest and had confronted people under the influence on numerous instances during that period. On March 1, 2014, approximately 9:34 p.m., Freitas was on routine patrol in downtown Redwood City. He was dispatched to a parking lot where it was reported numerous youths were drinking. The site was located beneath a private building at 650 Main Street. This building is a medical and counseling center called the Sequoia Center. The sign in the parking lot in issue indicated the spaces were reserved for staff parking. However, the sign also indicated that, pursuant to Vehicle Code section 22658, subdivision (a), the owner may tow any unauthorized cars in the lot. Also, there were no gates or structures that precluded anyone from entering the lot from outside. To enter and investigate, Freitas only had to drive his patrol car from the street into the lot. Upon arrival, Freitas observed two juveniles already detained by other officers. Only one car was parked in the lot. Freitas saw tables and chairs along with several bottles of liquor and beer in the area. A number of the bottles still contained liquor or beer. He also saw appellant and a female teenager walking down the sidewalk on Main Street. Appellant had an unsteady gait. Appellant walked into the parking lot where the other youths had already been detained. His eyes were bloodshot. The closer Freitas got to appellant, the more he noticed the odor of alcohol on the minor and determined his speech was slurred. The officer asked appellant what he doing in the lot. The minor responded he had come to check his car. Appellant indicated he had parked his car in the lot so he and his 2