In re A.M. CA2/6

Filed 8/23/23 In re A.M. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re A.M., a Person Coming 2d Juv. No. B319211 Under the Juvenile Court Law. (Super. Ct. No. FJ56986) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

A.M.,

Defendant and Appellant.

A.M. appeals the juvenile court’s order sustaining allegations he possessed a concealed firearm (Penal Code, § 25400, subd. (a)(2))1 and carried a loaded and unregistered handgun (§ 25850, subd. (a)). (Welf. & Inst. Code, § 602.) He contends the juvenile court erred by allowing the People to add

1 All undesignated statutory references are to the Penal

Code unless otherwise stated.

two felony counts to the petition without adequate notice. He also contends the court erred by denying his motion to suppress evidence. We affirm. FACTS AND PROCEDURAL BACKGROUND Police received an anonymous report of suspected gang activity at an abandoned house in South Central Los Angeles. Officers drove to the address, parked down the street, and approached on foot. A gate blocked the driveway and partially obstructed their view of the front yard. One of the officers spotted A.M. crouched behind the gate and greeted him. A.M immediately fled toward the back of the property, clutching the waistband of his pants while he ran. The officers set up a “perimeter” because they suspected A.M. was carrying a gun. They found him hiding under a car and detained him while they searched for a weapon. They recovered a 9 millimeter handgun nearby with an extended magazine containing 24 rounds of ammunition. The People filed a wardship petition alleging one misdemeanor count of possessing a firearm (count one; § 29610). They amended twice. The first amended petition added one felony count of concealed firearm possession by a street gang participant (count 2; § 25400, subd. (a)(2)). The second amended petition dropped the misdemeanor count and added two additional felonies: carrying a loaded firearm by a member of a prohibited class (count 3; § 25850, subd. (a)); and carrying a loaded and unregistered handgun (count 4; § 25850, subd. (c)(6)). The parties appeared for adjudication and pre-adjudication motions on Thursday, March 3, 2022. A.M.’s counsel explained she had received the second amended petition only the day before. She accused the People of gamesmanship and requested an offer of proof in support of the new felony counts. The People