In re Daniel B.

Filed 9/24/07 In re Daniel B. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Mark Ashton Cope, Judge. Affirmed.

Erin Booth, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A Welfare and Institutions Code section 602 petition was filed on August 28, 2006, alleging that defendant and appellant Daniel B. (minor) unlawfully possessed a firearm (Penal Code, 12021, subd. (a))^[1]and live ammunition. ( 12101, subd. (b).) A juvenile court found true the allegation that minor possessed a firearm, but granted the defense motion to dismiss the possession of live ammunition count. The court placed minor on probation for a period of six months. Minor filed a Notice of Appeal challenging the courts true finding.

FACTS

A police officer observed minor and his friend Jason standing behind a restaurant, where the trash bins were located. Minors back was turned toward the officer. Minor turned his head, saw the officer, immediately turned his head back, and positioned his body in front of Jason. Minor appeared to push or kick something toward the corner of the two buildings he was standing near. The officer believed that minor was trying to position his body to shield him from seeing what was happening. So, he approached minor and his friend and noticed a black bag on the ground where they were standing. The officer checked the bag and found a firearm and a magazine with four live rounds of ammunition.

Minor told the officer that he was on a break from work. Jason had come to the restaurant where minor worked with the black bag, and they went outside to the back of the restaurant. Minor admitted to the officer that he handled the firearm. He said that Jason removed the firearm from the bag, and handed it to him. Minor said he held the gun for approximately five seconds and observed it, and then handed it back to Jason.

After listening to testimony from the officer and minor at the hearing on the section 602 petition, the court found true the allegation that minor unlawfully possessed a firearm. The court stated that minor had the gun in his hand, had the ability to do whatever he chose to do with it (including firing it), and even made efforts to conceal the gun from the police. The court noted that just because there was another person who had a greater authority over the gun and could say, Give it back, that did not mean minor did not have possession of the gun for the short period of time he had it.

DISCUSSION

Minor appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and a potential arguable issue, and requesting this court to undertake a review of the entire record.

We offered minor an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

/s/ HOLLENHORST

Acting P.J.

We concur:

/s/ RICHLI

J.

/s/ KING

J.

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^[1] All further statutory references will be to the Penal Code, unless otherwise noted.