In re Abel R. CA4/2

Filed 3/29/16 In re Abel R. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

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

THE PEOPLE, G052679 Plaintiff and Respondent, (Super. Ct. No. DL050636-001) v. OPINION ABEL R.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lewis W. Clapp, Judge. Affirmed. Sheila O’Connor, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

Abel R. was born in the year of 2000. On February 25, 2015, at a junior high school, a security guard was monitoring activities on a basketball court when he noticed “some kids congregating,” and “things got a little weird.” The group of three boys were turning their heads back and forth and looking around “kind of like suspiciously.” Abel was one of those boys. The security guard noticed Abel and another juvenile “shake hands and like really closely and pass something along and as they did that, they kind of again scoped around to make sure no one saw what they had done and then they stood there and both inserted their hands back in their pockets.” The security guard asked the boys what was going on, and he received conflicting stories. The security guard “took the minors to the office.” According to the assistant principal, the security guard told her he saw money exchanged from one student to another while another student appeared to be acting as a lookout. The assistant principal asked Abel whether he had anything on him that he should not have, and Abel said he had marijuana. The assistant principal searched Abel’s belongings and found marijuana. Abel told the assistant principal he sold some marijuana to another boy for $5, and the assistant principal found $5 on Abel. Abel was charged with violating Health and Safety Code section 11360, subdivision (b), sale or transportation of marijuana. Defense counsel filed a motion to suppress evidence. After conducting a hearing, the juvenile court denied the motion. Abel thereafter admitted he was guilty and offered the following facts as the basis for his admission: “On 2/25/15 in Orange County I did unlawfully sell marijuana in an amount under 28.5 grams, but in a usable quantity. On 1/19/15 in Orange County I did unlawfully enter a building at 305 E. Broadway Ave., Anaheim CA, with intent to commit larceny.” At the time of disposition, Abel had another open petition, and the juvenile court disposed of both at the same time. In writing, Abel stated he understood and waived his constitutional rights, but the juvenile court carefully went over those