In re Francisco S. CA1/2

Filed 6/29/16 In re Francisco S. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

In re FRANCISCO S., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A146349 FRANCISCO S., Defendant and Appellant. (Solano County Super. Ct. No. J43051)

Francisco S. appeals after the juvenile court sustained five allegations stemming from his driving under the influence and engaging law enforcement in a high-speed chase, in a juvenile wardship petition. (Welf. & Inst. Code, § 602.)1 On appeal, he requests that we conduct an independent review of the sealed transcript of the in camera hearing held on his Pitchess2 discovery motion to determine whether the juvenile court made an adequate record and whether the court abused its discretion in finding there was no discoverable material. We shall affirm the juvenile court’s order.

1 All further statutory references are to the Welfare and Institutions Code unless otherwise indicated. 2 Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).

1

PROCEDURAL BACKGROUND On June 16, 2015, a juvenile wardship petition was filed, pursuant to section 602, alleging that appellant had committed the following offenses: assault upon a peace officer (Pen. Code, § 245, subd. (c)—count 1); evading an officer (Veh. Code, § 2800.2, subd. (a)—count 2); driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)—count 3); driving while having a 0.08 percent or higher blood alcohol level (Veh. Code, § 23152, subd. (b)—count 4); and hit and run driving (Veh. Code, § 20002, subd. (a)—count 5). On August 19, 2015, following a contested jurisdictional hearing, the juvenile court sustained the petition as to all five counts. At the September 2, 2015 dispositional hearing, the court adjudged appellant a ward of the court and placed him in the custody of the probation department for suitable placement. On September 22, 2015, appellant filed a notice of appeal. FACTUAL BACKGROUND James Jones, a lieutenant with the Department of Fish and Wildlife and a designated peace officer, testified at the jurisdictional hearing. On June 14, 2015, approximately 11:10 a.m., Jones was in uniform, driving his marked patrol vehicle on Highway 12 in Napa County, when he observed a pickup truck in front of him swerving slightly in its lane. Jones drove past the truck and saw that the driver’s “eyes were almost closed and he was trying to keep them open.” At the hearing, Jones identified appellant as the driver. After appellant made an unsafe lane change, Jones activated the siren and lights on his vehicle, intending to conduct a traffic enforcement stop. Appellant then accelerated to 65 miles per hour and Jones pursued him. During the pursuit, appellant accelerated up to 90 miles per hour, at times using the shoulder of the road to pass other cars. Jones and appellant entered Solano County, and appellant continued to drive erratically, weaving between other cars and driving between 65 and 80 miles per hour. While they were on Interstate 80, a Highway Patrol officer joined in the pursuit,