In re D.W. CA1/1

Filed 9/24/21 In re D.W. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re D.W., a Person Coming Under the Juvenile Court Law. A162067 THE PEOPLE, (Solano County Plaintiff and Respondent, Super. Ct. No. J44977) v. D.W., Defendant and Appellant.

D.W. appeals from a juvenile court dispositional order placing him on informal probation for six months based on a finding he possessed a knife on school grounds. On appeal, he claims the court wrongly denied his motion to suppress evidence of the knife. D.W. alternatively claims, and the Attorney General concedes, that a conditional remand is proper because D.W.’s counsel did not seek a deferred entry of judgment notwithstanding D.W.’s eligibility for one. Although we affirm the court’s ruling on the motion to suppress, we agree with the parties that a conditional remand is appropriate for the court to evaluate D.W. for a deferred entry of judgment.

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I. FACTUAL AND PROCEDURAL BACKGROUND In October 2019, D.W. was 15 years old and a student at Benicia High School. On the morning of October 31, the high school’s assistant principal, Dwight Rogers, received a report from a teacher that D.W. “was possibly under the influence.” D.W. was escorted by a school security officer to Rogers’s office so Rogers could “begin [his] questioning and investigation of the situation.” Rogers asked D.W. if he knew why he had been brought to the office and whether “he had anything on him that he should not have.” Rogers also told D.W. that he “would try to work with him as much as possible to give him [as few] consequences as possible if it was something that [they] could work with.” D.W. stated he did know why he was brought to Rogers’s office and had not done anything wrong. Rogers responded by telling D.W. that a School Resource Officer could “come in and assist [him] if need be.” Rogers noticed that D.W. was “moving, shifting his arms and . . . body[, and] it appeared [to Rogers] like he was camouflaging something that he [might] be hiding on his person.” Believing D.W. possessed “drugs or something,” Rogers asked D.W. if “[D.W.] could just give it to [him] without [him] bringing in the . . . School Resource Officer.” After a moment of reflection, D.W. “produced a knife that was in his pocket that was inside of his pants.” D.W. said he did not “have any . . . drugs, but he had a knife but he didn’t know how it got there.” At no time during their interaction did Rogers yell at D.W., force D.W. to declare what he was hiding, or physically search D.W. In June 2020, the Solano County District Attorney filed a petition under Welfare and Institutions Code section 602, subdivision (a), seeking to