People v. Kelly W.

Opinion

GILBERT, P. J. An intoxicated minor is lawfully questioned by a police officer. The minor tells the officer his name is Kelly K. The last name on his birth certificate is W.-K., a hyphenated name. Here we conclude the evidence is insufficient to prove the minor falsely identified himself to a police officer.

Kelly W. (Kelly) appeals a judgment of the juvenile court finding the allegations of an amended petition under Welfare and Institutions Code section 602 to be true and that he committed the offenses of willful failure to return to custody (Welf. & Inst. Code, § 871, subd. (c), count 1); public intoxication (Pen. Code, § 647, subd. (f), count 2);1 and giving false information to a police officer (§ 148.9, subd. (a), count 3). The court continued Kelly’s wardship and released him to the custody of his mother on terms and conditions of probation. We conclude, among other things, that substantial evidence does not support the trial court’s finding that Kelly gave a false name to a police officer. We reverse as to count 3, in all other respects we affirm.

Facts

Kelly was in the custody of the Colston Youth Center. He obtained a day pass to leave the facility to go to his mother’s home. He left but did not return to the center. The court issued a warrant for his arrest. Throughout the juvenile court proceedings, Kelly was “known by everybody in the courtroom” as Kelly W.

Police Officer Ryan Weeks responded to a radio call reporting that a person (Kelly) was passed out on the sidewalk. When Weeks arrived at the scene, he noticed that Kelly had slurred speech, red and watery eyes, and a [471]strong odor of alcohol on his breath. Kelly told Weeks he had been drinking beer and had fallen asleep on the sidewalk. Kelly had urinated in his pants and was walking in an unsteady manner. Weeks concluded that Kelly was intoxicated and “unable to care for his own safety.”

Kelly told Weeks that his name was Kelly K., provided the officer his correct date of birth, and was cooperative. Weeks took Kelly to the hospital before he took him to juvenile hall.

At trial, Kelly’s mother testified that Kelly’s legal name is “Kelly . . . [W.-K.].” Her last name was W. and Kelly’s father’s last name is K. On Kelly’s birth certificate, his first name is Kelly and his last name is W.-K.