In re Jesus J.

Filed 7/27/06 In re Jesus J. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR

APPEAL from an order of the Superior Court of Los Angeles County, Philip K. Mautino, Judge. Affirmed.

Gerald Philip Peters for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Robert F. Katz and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent.

_______________________

Jesus J. appeals from the order adjudicating him a ward of the court based on a finding that he was a minor in possession of a firearm, in violation of Penal Code section 12101, subdivision (a)(1). A second allegation, that he possessed live ammunition in violation of Penal Code 12101, subdivision (b)(1) was dismissed. Jesus J. contends (1) that the juvenile court violated his Fourth Amendment rights by not suppressing the gun evidence; and (2) that the court failed to exercise its sentencing discretion under recently amended Welfare and Institutions Code section 731, subdivision (b).[1] We find no error in the denial of the suppression motion, and find that the juvenile court properly exercised its discretion.

FACTUAL AND PROCEDURAL SUMMARY

At approximately 9:00 p.m. on July 23, 2005, Los Angeles County Deputy Sheriff John MacDonald was in a marked police car on a routine patrol. He was in an area of Lynwood known to be claimed by the Rude Boys gang, and was aware that the gang had made it known that â€