In re Roy R. CA5

Filed 1/20/16 In re Roy R. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re ROY R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F070730

Plaintiff and Respondent, (Super. Ct. No. 14CEJ600522-1)

v. OPINION ROY R.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Kimberly Nystrom-Geist, Judge. Holly Jean Jackson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Clara M. Levers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Detjen, J.

Appellant Roy R. admitted the crime of possession of marijuana for sale, after his motion to suppress was denied. He was placed on deferred entry of judgment. He appeals, contending the juvenile court erred in denying his motion to suppress. We affirm. FACTUAL AND PROCEDURAL SUMMARY On July 16, 2014, the Fresno County District Attorney filed a juvenile wardship petition pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging that Roy had committed the crime of possession of marijuana for sale, a felony. On August 12, 2014, Roy admitted the count 1 allegation for the purpose of determining his eligibility for deferred entry of judgment. On September 23, 2014, the juvenile court granted Roy’s request to set aside his admission. Thereafter, on November 3, 2014, Roy filed a motion to suppress evidence. The People filed opposition to the motion. An evidentiary hearing on the motion was conducted on January 5, 2015. Reedley Police Department Officer Michael Couto testified he was the school resource officer for all schools in the city in 2014. As such, he was responsible for investigation of all juvenile-related crimes. In January 2014, Couto had made contact with Roy when he cited Roy for possession of marijuana. Couto was familiar with Roy’s parents. On May 13, 2014,1 Couto had received information indicating that Roy was distributing marijuana or using marijuana with other juveniles. Couto commenced his investigation by researching Roy. He learned that Roy was then 15 years old and attended Dunlap Leadership Academy, a charter school in Kings Canyon Unified School District. Roy’s parents were separated and maintained separate residences.