Filed 4/15/21 In re Jesus S. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

Jesus S. (Minor) appeals an order imposing conditions of juvenile probation after he admitted carrying a loaded firearm in a vehicle. His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Minor has been apprised of his right personally to file a supplemental brief, but he has not done so.

The Alameda County District Attorney filed a petition under Welfare and Institutions Code section 602 on March 29, 2020 alleging Minor, then 17 years old, carried a loaded firearm in a vehicle (Pen. Code., § 25850, subd. (a); count 1), a felony, with an allegation that he was not the registered owner of the firearm (Pen. Code., § 25850, subd. (c)(6)); and that he carried a concealed firearm in a vehicle (Pen. Code., § 25400, subd. (a)(1); count 2), with an allegation that the firearm was loaded and not registered to Minor (Pen. Code, § 25400, subd. (c)(6)).[1]

According to a police report, Minor and another person entered an O’Reilly’s Auto Parts store on International Boulevard in Oakland on March 18, 2020, took items off the shelves, and left the store without paying. Police officers afterward found Minor and others by two cars in known Norteño gang territory, an area where there had been numerous robberies, shootings, and murders. When Minor saw the police vehicle, he put something into a BMW, closed the door, and walked away. An officer saw the handle of a handgun in plain view on the floor of the BMW. There were live rounds in the magazine, and the firearm was not registered. When officers searched Minor, they found a key fob that unlocked the BMW. In a nearby vehicle, a Mercedes, officers found suspected marijuana, other suspected controlled substances, and a digital scale.[2]

On April 28, 2020, Minor admitted count 1 as a misdemeanor, and the remaining allegations were dismissed. He was released from Juvenile Hall on electronic monitoring (GPS), but on two occasions before the dispositional hearing he violated the terms of the GPS program, once when his GPS device registered a dead battery a day after he left his home without authorization, and once when he failed to go to the GPS office to have his device reset, apparently after he tampered with it or removed it.

At the June 2, 2020 dispositional hearing, the juvenile court declared Minor a ward and placed him on probation in the home of his parents. Among the conditions of probation, Minor was ordered to obey a curfew; use GPS monitoring; not be on any school grounds unless enrolled, accompanied by a responsible adult, or authorized to be present; stay away from the O’Reilly’s Auto Parts store on International Boulevard; attend school regularly and obey school rules and regulations; participate in counseling as directed by the probation officer; not use or possess any alcoholic beverage or illegal or intoxicating substance; submit to drug testing; not knowingly possess any dangerous or deadly weapons; and not associate with anyone he knew or reasonably should know to be a gang member.

Minor’s GPS monitor registered a dead battery on three further occasions, June 16, July 5, and July 23, 2020. Each time, GPS staff made several attempts to contact Minor or his mother. Minor was reinstated on the GPS program on July 30, 2020, and on August 3, 2020 the Probation Department reported that Minor had been charging his device but had not been having his daily check-in phone calls.

After Minor moved with his family to Solano County, the matter was transferred to that county. On September 23, 2020, the Solano County juvenile court continued Minor as a ward of the court, placed him in the custody of his parents, and continued all previous orders not in conflict with the Solano County court’s order. The terms of probation included prohibitions on knowing use of alcohol, marijuana, or other illegal drugs and on knowing possession of dangerous or deadly weapons; a curfew; and gang-related terms and conditions that prohibited Minor from being a member of a criminal street gang or knowingly engaging in specified gang-related behavior such as associating with anyone identified to the Minor in writing by his probation officer or parent as a person he is prohibited from associating with (aside from incidental school-related contact), being in a building or vehicle that he knows contains a firearm, and being in “ ‘specific locations’ ” where Minor knows gang members meet or gather, that Minor knows are locations of gang-related activity, or that are specified by his probation officer or parent in writing as involving gang-related activity. The court also required Minor to obtain permission from his mother or a probation officer before visiting Alameda County. Minor has appealed from this order.

Minor was represented by counsel through the proceedings. We see no error or abuse of discretion in the challenged ruling. There are no meritorious issues to be argued.

DISPOSITION

The September 23, 2020 order is affirmed.

TUCHER, J.

WE CONCUR:

POLLAK, P. J.

STREETER, J.

People v. Jesus S. (A161071)

[1] Although Minor had previously been the subject of delinquency proceedings and adjudged a ward of the court, he completed his earlier probation and the wardship was dismissed on September 18, 2018.

[2] Although the disposition report indicates these items were found in the BMW, the police report for the incident states they were found in the Mercedes.