In re J.C. CA5

Filed 8/24/21 In re J.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F081791

Plaintiff and Respondent, (Super. Ct. No. JJD071634)

v. OPINION J.C.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Harry Joseph Colombo, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Detjen, J. and DeSantos, J.

Minor, J.C., appeals from a disposition order continuing him as a ward of the juvenile court, granting him probation, and committing him to the short term program. On appeal, he argues that the juvenile court erred in denying his motion to suppress because officers detained and searched him without reasonable suspicion of wrongdoing in violation of the Fourth Amendment of the United States Constitution. The People disagree. We affirm. PROCEDURAL SUMMARY On July 9, 2018, the Tulare County District Attorney filed a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) in case No. JJD071634, alleging minor committed burglary (Penal Code, § 459;1 count 1) grand theft (§ 487, subd. (a); count 2), and vandalism in excess of $400 (§ 594, subd. (a); count 3). As to count 3, the petition further alleged minor committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)). On October 30, 2018, minor admitted counts 2 and 3 in exchange for dismissal of count 1 and the gang allegation on count 3. On December 11, 2018, the juvenile court held a disposition hearing. Minor was adjudged a ward of the juvenile court and placed on probation. On January 28, 2020, the Tulare County District Attorney filed a second juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) in case No. JJD071634 (second petition), alleging minor committed burglary (§ 459; count 1). On July 21, 2020, minor admitted the truth of the second petition. The juvenile court ordered minor to return for a disposition hearing on August 25, 2020. On August 4, 2020, the Tulare County District Attorney filed a third juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) in case No. JJD071634 (third petition), alleging minor possessed a loaded firearm (§ 25850, subd. (a); count 1).