In re D.P. CA3

Filed 8/24/15 In re D.P. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.P., a Person Coming Under the Juvenile Court C078291 Law.

THE PEOPLE, (Super. Ct. No. JV131089)

Plaintiff and Respondent,

v.

D.P.,

Defendant and Appellant.

D.P., a 17-year-old minor, appeals from the juvenile court’s order sustaining a Welfare and Institutions Code section 602 petition alleging that he possessed a concealable firearm. (Pen. Code, § 29610.) Minor claims the People did not present substantial evidence to support the finding that he possessed the concealable firearm that

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was found in a car in which the minor was a passenger. We disagree and affirm the juvenile court’s order. FACTUAL AND PROCEDURAL BACKGROUND In the late afternoon on October 27, 2014, California Highway Patrol Officer Frank Archuleta and his partner were on assignment in an unmarked white van when they saw a black Honda Accord, occupied by three people, make an unsafe lane change. Officer Archuleta and his partner activated their lights and sirens and moved behind the Honda. The Honda did not immediately stop and the officers began pursuit. During the pursuit, Officer Archuleta saw the occupants of the Honda turning back to look at the officers, then “going towards the right of the car and down.” Officer Archuleta told his partner, who was driving the van, “they’re either hiding drugs or a gun,” though he could not see inside the car. After a mile, the Honda stopped. The right front passenger door quickly opened and the right front passenger (later identified as minor) set his foot out, attempting to get out of the car. The officers immediately approached the Honda, kept the occupants inside the car, and told them to put their hands up. Their hands remained in the air, “touching the roof,” until the officers had everyone out of the car and handcuffed. Additional law enforcement quickly arrived, including Detective Michael Rogers of the Sacramento Sheriff’s Department gang unit. Officer Archuleta told Detective Rogers that he intended to arrest the driver and tow the car. Accordingly, Detective Rogers searched the car. On the front passenger seat, Detective Rogers found a loaded revolver wrapped in a black sweater. He found another handgun on the floorboard of the right rear passenger seat, and a “wadded up” newspaper containing live ammunition in the seat pocket behind the front right passenger seat. Minor (who was already a ward of the court) was detained, and the People later filed a Welfare and Institutions Code section 602, subdivision (a), juvenile wardship petition alleging several offenses including possessing a concealable firearm. Following