In re Bobby R.
Filed 7/25/06 In re Bobby R. CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| In re BOBBY R., a Person Coming Under the Juvenile Court Law. | B188470 (Super. Ct. No. YJ28163) |
| THE PEOPLE, Plaintiff and Respondent, v. BOBBY R., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County, Stephanie Davis, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
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A teacher, suspecting that 17-year-old Bobby R. was under the influence in class, called a security officer who escorted Bobby to the security office. The officer conducted a pat-down search and found a gun magazine in Bobby's waistband, then searched Bobby's possessions and found a gun in the sweatshirt Bobby had removed when he entered the security office. A deputy sheriff advised Bobby of his Miranda rights, which Bobby waived, and then said he had taken the gun from home without permission to defend himself following a threat the day before by Crip gang members.
Based on the prosecutor's presentation of evidence of these facts, the trial court sustained two counts in a three-count petition (Welf. & Inst. Code § 602), one for possession of a firearm in a school zone and one for possession of a firearm by a minor. (Pen. Code, §§ 626.9, subd. (b), 12101, subd. (a)(1).) According to the probation report, Bobby had no criminal record and denied any gang activity, but he admitted drug use, had poor grades and attendance at school, and refused to listen to his mother (his father was not in the home) or respect her curfew. Bobby's mother wanted him placed in a camp program for his own safety and, noting that request, defense counsel asked the court to consider a â€
