In re Oliver R. CA3

Filed 6/27/13 In re Oliver R. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re OLIVER R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, C071626

Plaintiff and Respondent, (Super. Ct. No. 68978)

v.

O.R.,

Defendant and Appellant.

Delinquent minor Oliver R. appeals from a dispositional order, raising a number of contentions, most of which are conceded by the People. We hold substantial evidence supports the finding that the minor unlawfully possessed a firearm and ammunition, modify the dispositional order in several respects, and otherwise affirm.

1

BACKGROUND A. Procedure On December 13, 2011, the minor admitted an allegation that he committed a misdemeanor battery on school property (Pen. Code, § 243.2, subd. (a)). On January 25, 2012, the minor was adjudged a ward, was granted probation, and placed in the custody of his mother. In February 2012, a violation of probation petition (VOP) was filed, as well as a new delinquency petition alleging new offenses. The juvenile court found the minor unlawfully possessed a firearm and ammunition, and actively participated in a criminal street gang (Pen. Code, §§ 186.22, subd. (a), 29610, 29650) and the juvenile court thereupon sustained the VOP. On June 25, 2012, the minor was continued as a ward and placed on probation in the custody of his parents, with various conditions including service of a 60-day term in juvenile hall. On July 12, 2012, the minor timely filed this appeal. B. Facts The evidence relevant on appeal, viewed in the light favorable to the juvenile court’s findings (see In re Ryan D. (2002) 100 Cal.App.4th 854, 859), is not disputed. On the evening of February 24, 2012, the minor was a rear-seat passenger in a car with defective brake lights that contained five people. Two were in the front seat. The minor, another juvenile, and an adult were in the backseat, with the minor behind the front driver’s seat, the other juvenile in the middle, and the adult behind the front passenger’s seat. The car was a known Sureño “gang” car (the “Varrio Mojado Sureño” or “Wet Town” Sureño gang), and its passengers were wearing blue, the color associated with the Sureño gang. The car was in rival Norteño territory. When spotted by police, the driver sped off, and the car ultimately crashed. On the rear floorboards was a loaded gun stolen during a burglary a day or two before. According to a pursuing officer, during