In re Aaron C. CA1/5

Filed 7/1/15 In re Aaron C. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re AARON C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A144058 v. (Contra Costa County AARON C., Super. Ct. No. J13-01121) Defendant and Appellant.

Following denial of his motion to suppress the evidence against him (Pen. Code, § 1538.5),1 appellant Aaron C. entered a plea of no contest to a charge of felony possession of a firearm by a minor (§ 29610). The juvenile court continued Aaron on probation as a ward of the court and ordered him removed from his parents’ custody. Assigned counsel has submitted a Wende2 brief, certifying that counsel has been unable to identify any issues for appellate review. Counsel also has submitted a declaration confirming that Aaron has been advised of his right to personally file a supplemental brief raising any points which he wishes to call to the court’s attention. No supplemental brief has been submitted. As required, we have independently reviewed the

1 Undesignated statutory references are to the Penal Code. 2 People v. Wende (1979) 25 Cal.3d 436.

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record. (People v. Kelly (2006) 40 Cal.4th 106, 109–110.) We find no arguable issues and therefore affirm. I. BACKGROUND3 At approximately 6:50 p.m. on October 12, 2014, Pittsburg police officers, Sankara Dumpa and Angelica Valles, observed Aaron leaning against a fence along a sidewalk on Crestview Drive, a residential street in Pittsburg. Dumpa described it as a “high crime area” with “multiple shootings, drug transactions.” Aaron was wearing a dark hooded sweatshirt with the hood pulled over his head. Dumpa believed Aaron’s attire, baggy clothing and a hooded sweatshirt, was unusual because it had been a warm day. Aaron was alone, but another male was walking toward him. When Dumpa stopped at the intersection of Crestview and Olympia Drives, Aaron and the other individual looked at the patrol car and turned around to walk north on Crestview. The officers made a U-turn to drive back to the two individuals “[j]ust to find out who they are, if they lived in the neighborhood. [Dumpa had] never seen them in the area before.” Dumpa, who was in uniform, parked the police car along the curb approximately 15 yards north of where Aaron and the other male were walking. Dumpa got out of the police car and stood by the driver’s side door, waiting for Aaron and his companion to approach the car. As Aaron walked toward the police car, Dumpa said something to the effect of, “Hey, what’s up man” or “What’s up, man? How are you doing?” Valles got out of the car on the passenger side. Aaron and the other male were about 10 feet in front of the patrol car when Dumpa greeted them. Dumpa noticed that, as Aaron approached the patrol car, his hands were concealed in the front pockets of his sweatshirt, so he asked Aaron to take his hands out of his pockets “for safety reasons.” Aaron said nothing, keeping his hands in his pockets and shaking his head “no.” Dumpa noticed a “bulge” in either the pocket of Aaron’s sweatshirt or the front of his waistband. Based on his training, Dumpa believed