In re E.W. CA1/4

Filed 5/17/23 In re E.W. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re E.W., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A165052

Plaintiff and Respondent, (Contra Costa County v. Super. Ct. No. J2100505) E.W., Defendant and Appellant.

MEMORANDUM OPINION1 Appellant E.W. appeals from a dispositional order by the juvenile court following his plea of no contest to the possession of a concealed firearm and ammunition by a nonregistered owner in violation of Penal Code section 25400, subdivisions (a) and (c)(6).2 E.W.’s appointed counsel on appeal has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having conducted an independent review of the record pursuant to

We resolve this case by memorandum opinion because it raises no 1

substantial issue of fact or law. (Cal. Stds. Jud. Admin., § 8.1.) 2 All statutory references are to the Penal Code unless otherwise noted.

the holding in that case, we find no meritorious issues to be argued on appeal and affirm the order. On November 17, 2021, E.W. was a passenger in a vehicle that was pulled over for speeding and erratic driving on the highway. The police officer observed that another passenger had a firearm near his waistband area and ordered everyone to step out of the vehicle. The officer found two firearms on that passenger and one loaded firearm on a third passenger. A search of E.W. revealed that he was also carrying a loaded firearm. The officer also found a bottle of what he suspected was Xanax on E.W.’s person, as well as suspected drugs in the vehicle’s center console. A juvenile wardship petition was filed that alleged three counts against E.W.: (1) possession of a loaded firearm by a prohibited person in a vehicle while in a public place (§ 25850, subds. (a), (c)(4)); (2) possession of a concealed firearm and ammunition by a nonregistered owner (§ 25400, subds. (a), (c)(6)); and (3) possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)).3 On March 18, 2022, E.W. pled no contest to count two and the prosecution agreed to dismiss the remaining counts. The juvenile court then set the matter for a disposition hearing. The probation report stated that E.W. was a “Midtown” gang member and attached photos of E.W. on social media with other known “Midtown” gang members. There were also photos that depicted E.W. making gang-related hand gestures and possessing what appeared to be a firearm. At the disposition hearing on April 12, 2022, the juvenile court adjudged E.W. as a ward of the court with no termination date and imposed