In re T.W. CA1/1

Filed 12/6/22 In re T.W. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

In re T.W., A Person Coming Under the Juvenile Court Law.

A165788 THE PEOPLE, Plaintiff and Respondent, (Contra Costa County v. Sup. Ct. No. J2200321) T.W., Defendant and Appellant.

In this delinquency matter, T.W. appeals from the juvenile court’s dispositional order adjudging him a juvenile court ward and imposing numerous probation conditions. T.W.’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. Having done so, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On June 7, 2022, the Alameda County District Attorney filed a juvenile wardship petition alleging that, on or about June 6, 2022, T.W., a minor, committed felony carrying a loaded firearm on one’s person in a city (Pen.

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Code, § 25850, subd. (a), count one); felony carrying a concealed firearm within a vehicle (id., Pen. Code, § 25400, subd. (a)(1), count two); felony carrying a concealed firearm on the person (id., Pen. Code, § 25400, subd. (a)(2), count three); and misdemeanor possession of a controlled substance, cocaine (Health & Saf. Code, § 11350, subd. (a), count four). Count one was enhanced with allegations that the loaded firearm was unregistered and possessed by a prohibited person. (Pen. Code, § 25850, subd. (c)(4) & (6).) Counts two and three were enhanced with allegations that the concealed firearm was loaded with ammunition and possessed by a prohibited person. (Id., Pen. Code, § 25400, subds. (c)(4) & (6).) The allegations were based on the following incident.1 At approximately 1:00 a.m. on June 6, 2022, police responded to a street in Berkeley following a report from an anonymous citizen who heard four males in a vehicle talking about breaking into a house. When they approached the parked vehicle, the police officers observed an open bottle of tequila on the back seat and a freshly rolled marijuana joint on the dashboard. The officers instructed the four male occupants to keep their hands up. The driver initially placed his hands on the steering wheel, but then slowly tried to bring them down to start the vehicle, causing the officers to instruct the occupants to exit the vehicle at gunpoint so a probable cause search could be conducted. The driver, P.Y. (the minor’s 26-year-old brother), was removed from the vehicle and handcuffed. A 1911-style firearm was located under his seat. It was unregistered and had 14 rounds of .45 caliber ammunition in the magazine. The minor was in the front passenger seat. After he was removed from the vehicle, the police located a black and green Glock-style clone ghost