In re D.C. CA2/2

Filed 6/1/15 In re D.C. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.C., a Person Coming Under the B259500 Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ43372)

THE PEOPLE,

Plaintiff and Respondent,

v.

D.C.,

Defendant and Appellant.

THE COURT:*

Juvenile defendant D.C. (defendant) appeals from the dispositional order arising from his carrying a loaded firearm in public. Defendant filed a timely notice of appeal, challenging the denial of his motion to suppress evidence. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On March 2, 2015, we notified defendant of his counsel’s brief and gave him leave to file

* ASHMANN-GERST, Acting P.J., CHAVEZ, J., HOFFSTADT, J.

within 30 days, his own brief or letter stating any grounds or argument he wishes to have considered. We have not received a response to date. We have independently reviewed the record and agree that there are no arguable issues and thus affirm. FACTS AND PROCEDURAL HISTORY Several Los Angeles County Sheriff’s deputies were conducting a general fare audit in plain clothes at an MTA platform in Compton. After Officer Chambless noticed that defendant and his two male companions immediately changed directions when they noticed some of the deputies, he approached the group and asked for their TAP cards. Because defendant and his associates could not provide TAP cards, Officer Chambless and his partner began escorting them towards the bottom of the platform to provide citations. During the walk, one of the companions, D.S., started walking faster to distance himself from defendant. D.S. then became confrontational, first verbally and then physically. While Officer Chambless and his partner struggled with D.S. for about 15 seconds, defendant began walking away. At which point, Officer Johnson stopped and handcuffed defendant, and walked defendant over to a patrol car. It is disputed whether at this time, defendant admitted that he was on probation with search conditions. Officer Johnson then patted down defendant and felt a heavy object in his rear right pocket. The officer then reached into the pocket and recovered a semiautomatic handgun with seven live rounds of ammunition. After another deputy sheriff informed defendant of his Miranda1 rights, defendant admitted that he carried the gun for protection because a lot of gangs ride the trains, making them dangerous. Defendant’s written statement reiterated the same, adding that he started carrying the gun after he was robbed and later found the gun. A detained Welfare and Institutions Code section 602 petition was filed with the juvenile court, alleging the carrying of a loaded firearm in public (Pen. Code, § 25850, subd. (a))2 (count 1), possessing a firearm by a minor (§ 29610) (count 2), and possessing