In re D.B. CA1/1

Filed 4/24/23 In re D.B. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.B., A Person Coming Under the Juvenile Court Law.

THE PEOPLE OF THE STATE OF A164745 CALIFORNIA, (San Francisco County Sup. Ct. Plaintiff and Respondent, No. JW216077) v. D.B., Defendant and Appellant.

After D.B. admitted an allegation of felony possession of a firearm by a minor (Pen. Code, § 29610), the juvenile court adjudged him a juvenile court ward and placed him in the home of his mother under various terms and conditions of probation. In this appeal from the juvenile court’s dispositional orders, D.B. argues that the matter must be remanded because the juvenile court failed to designate his “wobbler” offense as a felony as required by Welfare and Institutions Code1 section 702. He additionally contends, and the Attorney General concedes, that the juvenile court erred by restricting

All statutory references are to the Welfare and Institutions Code 1

unless otherwise specified. All rule references are to the California Rules of Court.

1

D.B. from owning a firearm until the age of 30 under Penal Code section 29820. We see no need for remand but strike the firearm restriction. I. BACKGROUND2 On October 2, 2021, the police responded to a 911 call reporting a minor acting aggressively during an altercation with his mother. There was information that he had removed a firearm from a backpack. When the police officer arrived, D.B.’s mother waved him in and directed him to D.B.’s bedroom where the officer observed a loaded Glock 27 .40 caliber handgun with an extended magazine protruding from the minor’s bedding. Unfired cartridges were located on top of a nearby dresser. On October 4, 2021, the San Francisco County District Attorney filed a juvenile wardship petition with respect to D.B. pursuant to section 602, subdivision (a), alleging that he had possessed a firearm as a minor, a felony violation of Penal Code section 29610 (count I) and had additionally possessed ammunition, a misdemeanor violation of Penal Code section 29650 (count II). D.B. filed a suppression motion pursuant to section 700.1 on October 18, 2021. After opposition, the juvenile court heard and denied the motion on January 6, 2022. Thereafter, the parties reached a negotiated disposition pursuant to which D.B. agreed to admit count I and count II would be dismissed in the interests of justice. Prior to entering his admission, the juvenile court advised D.B. regarding his constitutional rights and the consequences of his admission, and the minor indicated that he understood his rights and was entering the admission freely and voluntarily. In particular, the court advised D.B. that count I was “a felony” with a maximum term of