In re Isidro L. CA2/7

Filed 5/21/13 In re Isidro L. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re ISIDRO L., a Person Coming Under B240450 the Juvenile Court Law. (Los Angeles County Super. Ct. No. JJ19429) THE PEOPLE,

Plaintiff and Respondent,

v.

ISIDRO L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Donna Quigley Groman, Judge. Affirmed. Holly Jackson, under appointment by the Court of Appeal, for Minor and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, James William Bilderback II, Supervising Deputy Attorney General, Alene M. Games, Deputy Attorney General, for Plaintiff and Respondent.

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INTRODUCTION

Appellant Isidro L. appeals from the judgment entered following the juvenile court‟s finding he was a minor in possession of a firearm and ordering him home on probation (Welf. & Inst. Code, § 602; Pen. Code, § 29610). Appellant contends the evidence was insufficient to establish that he possessed a firearm. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND 1. The People’s Evidence Los Angeles Police Department Officer Abel Estopin testified that on January 26, 2012, at approximately 3:50 p.m., he and his partner, Officer Padilla, responded to a report of a gang fight at 82nd Street and Broadway in Los Angeles. Upon arrival at the scene, Officer Estopin observed 15 to 20 young men fighting in the middle of the street “just east of his location, at Grand and 83rd.” He saw appellant with the group, but did not see appellant fighting or throwing any punches. When the men saw the patrol vehicle approaching, they began to disperse. Officer Estopin stated, “Half of the group went to the south side of the street and the other half went to the north side of the street.” Appellant was at the tail end of the group of eight to ten men who walked toward the north sidewalk. From a distance of 20 to 30 feet, Officer Estopin observed appellant walk from the middle of the street toward the sidewalk, holding an object that looked like the handle of a gun. He stated, “I could see him gripping something in his waistband. Looks to me like he what [sic] is holding a grip of a gun.” He continued, “It was to his right side almost and it appeared to be the shirt was covering. I could not tell if it was a gun or not.” As appellant walked onto the sidewalk, he crouched down quickly behind a large pile of trash that was “parked” along the curb next to the sidewalk. At that point, Officer Estopin could only see the top of appellant‟s shoulders and head. Officer Estopin testified that he was 10 to 15 feet away when he heard a “metallic clanking noise” coming from the location where appellant had knelt. Appellant then stood back up and