People v. M.T. CA1/2

Filed 8/31/20 P. v. M.T. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, Plaintiff and Respondent, A159364 v. JAIME M.T., (Napa County Super. Ct. No. 201635317-05) Defendant and Appellant.

After a contested hearing on jurisdiction, the juvenile court found Jaime M.T. (Minor) committed two misdemeanors (one reduced to an infraction), declared Minor a ward of the court, and placed him on probation. Minor filed a notice of appeal stating that he is appealing from the juvenile court’s orders regarding (1) his motion to suppress evidence, (2) the People’s motion to reconsider the court’s amended decision on the suppression motion, (3) his motion to continue the jurisdictional hearing, (4) jurisdictional findings, and (5) disposition. Minor’s court-appointed counsel has filed a brief asking this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Minor was informed of his right to file supplemental briefing, and he has not done so. After our review of counsel’s brief and our independent review of the record, we find no errors or other issues requiring further briefing, and we affirm.

1

Incidents Leading to Petition Minor’s case stems from two separate bicycle stops that occurred when he was 17 years old. On August 29, 2018, around 7:20 p.m., Minor was riding his bicycle when three city of Napa police officers stopped him for not wearing a helmet. Officer Thomas Keener pat searched Minor, felt something squishy in a pants pocket, and asked what it was. Minor indicated it was marijuana, and Keener pulled marijuana out of Minor’s pocket. Keener had Minor sit on the curb and then asked him to stick his legs out and cross them. Minor did not comply, and Keener put him in handcuffs and took him to Juvenile Hall for booking. On October 26, 2018, around 9:25 p.m., Officer Andrew Oros stopped Minor for not wearing a helmet and not having proper lighting equipment. During this bicycle stop, Oros saw what looked like a bottle in Minor’s backpack. He asked about it, and Minor said it was a bottle of tequila. The officer searched Minor’s backpack and retrieved a large bottle of tequila about one-quarter full. Wardship Petition On January 25, 2019, the Napa County District Attorney filed an initial two-count wardship petition under Welfare and Institutions Code1 section 602 alleging Minor resisted, obstructed, or delayed Napa Police Officer Thomas Keener who was then attempting to discharge his duties (Pen. Code, § 148, subd. (a)(1); count 1) and, on a second occasion, possessed an alcoholic beverage on a street in a public space (Bus. & Prof. Code,