In re Jacob K. CA4/1

Filed 8/24/22 In re Jacob K. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re Jacob K., a Person Coming Under the Juvenile Court Law. D080118 THE PEOPLE,

Plaintiff and Respondent, (Super. Ct. No. JCM240806)

v.

JACOB K.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Rohanee Zapanta, Judge. Affirmed. Elisabeth R. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Following an adjudication hearing, the juvenile court found Jacob K. (the Minor) violated Penal Code section 148.9, subd. (a), a misdemeanor. The Minor was already on probation for a previous offense at the time of the current violation. The court terminated probation on the earlier case and

committed the Minor to Urban Camp on the present case for a period not to exceed 130 days. The Minor filed a notice of appeal. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to review the record for error as mandated by Wende. We offered the Minor the opportunity to file his own brief on appeal, but he has not responded. STATEMENT OF FACTS Appellate counsel has provided a summary of the evidence produced at the adjudication hearing. We will incorporate the statement in our opinion for background information. A. Direct Testimony of Officer Baptiste At the Minor’s adjudication hearing on February 14, 2022, the court heard testimony from Officer Baptiste. On January 2, 2022, Officer Baptiste was working with training officer, Agent Beard, when they responded to a traffic stop being conducted by Officer Truong. This was at approximately 8:30 p.m. Officer Truong told Officer Baptiste that he had stopped the vehicle with three occupants and found a firearm. At that point, two suspects were sitting on the curb while the officers tried to figure out their identities. One of the suspects was the Minor, who was a passenger in the vehicle. Officer Baptiste and Officer Atkins spoke with the suspects on the curb. Officer Baptiste talked to the Minor, who “identified himself first as Christopher [L.L].” The officers tried to verify his identify through dispatch, but the law enforcement database did not return anything with that name.