In re R.A. CA2/6

Filed 12/14/21 In re R.A. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re R.A., a Person Coming 2d Juv. No. B311608 Under the Juvenile Court (Super. Ct. No. 2020031711) Law. (Ventura County)

THE PEOPLE,

Plaintiff and Respondent,

v.

R.A.,

Defendant and Appellant.

The juvenile court sustained a petition filed against R.A. finding that he committed a misdemeanor of unlawful possession of alcohol by a minor in a public place. (Bus. & Prof. Code, § 25662, subd. (a); Welf. & Inst. Code, § 602.) The juvenile court’s disposition order placed appellant home on probation for six months without wardship. Appellant contends there was

insufficient evidence to support the juvenile court’s finding. We disagree and affirm. FACTS AND PROCEDURAL HISTORY On October 18, 2020, at approximately 4:35 p.m., two Ventura County Sheriff’s deputies were dispatched to a residential complex in response to a call of a noise disturbance and possible juveniles drinking alcohol. The first deputy who arrived at the scene later testified that he observed a group of individuals situated in a semicircle around a makeshift table in a grassy area near the residential complex and open to the public. Appellant and another individual stood next to a vehicle approximately 10 to 15 feet from the individuals seated around the table. The second deputy testified that when he arrived at the scene, he observed “empty beer cans and bottles surrounding the area,” as well as what appeared to be “numerous cases” of an alcoholic beverage. He also observed a half empty beer bottle on the makeshift table a couple of feet in front of where appellant was standing. When the deputy asked appellant “[h]ow many have you drank,” appellant responded, “three or four.” The deputy then asked how old appellant was, to which he replied that he was fifteen. Appellant was subsequently cited for being a minor in possession of alcohol and released to a family member. In November 2020, the district attorney’s office filed a juvenile petition alleging in count one that appellant committed a misdemeanor of unlawful possession of alcohol by a minor in a public place and requesting wardship. (Bus. & Prof. Code, § 25662, subd. (a); Welf. & Inst. Code, § 602.)