In re Steven S. CA5

Filed 4/18/13 In re Steven S. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 STEVEN S., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F065790

Plaintiff and Respondent, (Super. Ct. No. JJD064578)

v. OPINION STEVEN S.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Allan Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Detjen, J. and Franson, J.

The court readjudged appellant, Steven S., a ward of the court after it sustained allegations in a petition (Welf. & Inst. Code, § 602) charging him with receiving stolen property (count 1/Pen. Code, § 496, subd. (a)),1 petty theft (count 3/§ 484, subd. (a)), and resisting, delaying or obstructing a peace officer (count 4/§ 148, subd. (a)(1)). On August 30, 2012, the juvenile court continued appellant as a ward of the court and placed him in his mother’s custody. On appeal, appellant contends the evidence is insufficient to sustain his adjudication for resisting, delaying or obstructing a peace officer. We affirm. FACTS On February 11, 2012, at approximately 12:05 a.m., Porterville Police Officer Michael Gray was on patrol in a marked police car when he received a dispatch that three subjects were carrying items and traveling westbound on Eastridge Circle. Gray responded to A Street on the west side of a large, open field that is situated directly west of where Eastridge Circle comes to a dead-end. The field did not have any lights and was dark. It had a couple of dirt and paved roads and vehicle access on its west, north, and east sides. Gray drove onto the field eastbound from A Street towards Eastridge with the lights on his patrol car off, but he turned them on after traveling a few feet into the field. Gray was then able to see the three subjects, later identified as appellant and two other minors, walking toward him approximately 100 yards away in the middle of the field. Appellant was approximately six feet behind the other two minors and was carrying some items. The other two minors were carrying a large speaker box. As Gray drove up to the three minors, they stopped and stood still until he was approximately 15 feet away then they suddenly dropped everything and ran eastbound. Two of the minors then ran north and Gray followed them approximately 100 yards