In re Justin Y. CA5

Filed 3/6/13 In re Justin Y. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JUSTIN Y., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F065292

Plaintiff and Respondent, (Super. Ct. No. JL003666)

v. OPINION JUSTIN Y.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. David W. Moranda, Judge. Kelly Babineau, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Franson, J.

The court continued appellant, Justin Y., as a ward of the court (Welf. & Inst. Code, § 602) after he admitted allegations charging him with carrying a loaded firearm in public (former Pen. Code, § 12031, subd. (a)(1)1) and street terrorism (§ 186.22, subd. (a)), and the court found true allegations that he violated a previous order of the court (Welf. & Inst. Code, § 777). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On October 22, 2011, Merced police officers responded to a call of a fight at a liquor store. The officers checked the area and saw appellant and another male, both documented members of a local street gang, sitting on chairs in front of a residence where they did not live. As the officers questioned two other gang members who may have been involved in the fight, appellant and the other male stood up. An officer told them they needed to sit down and they both sat down on the curb. The officer then found a loaded SIG Sauer .40-caliber handgun with the serial number removed, under the chair where appellant had been sitting. Appellant and the other gang member were both arrested. On October 25, 2011, the district attorney filed a juvenile wardship petition charging appellant with carrying a loaded firearm in public (count 1), street terrorism (count 2), receiving stolen property (count 3/§ 496, subd. (a)), obliterating the identification of a firearm (count 4/§ 12090), violating a previous order of the court (count 5), and a gang enhancement in count 1 (§ 186.22, subd. (b)(1)(A)). On November 9, 2011, appellant admitted the carrying a loaded firearm and street terrorism offenses and the court found that he violated a previous order of the court based