In re Jonathan M.
Filed 6/14/06 In re Jonathan M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 JONATHAN M., a Person Coming Under the Juvenile Court Law. | B182167 (Los Angeles County Super. Ct. No. VJ30184) |
THE PEOPLE, Plaintiff and Respondent, v. JONATHAN M., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County, Steff R. Padilla, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed.
Tara K. Allen, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Margaret E. Maxwell, Supervising Deputy Attorneys General, for Plaintiff and Respondent.
Jonathan M. appeals from the order of wardship entered following denial of his motion to suppress evidence and subsequent admission that he possessed a controlled substance. He contends that the suppression motion was erroneously denied. We agree and reverse.
BACKGROUND
The only witness at the suppression motion was Los Angeles County Deputy Sheriff Tim Lopez. Lopez testified that about 8:30 p.m. on November 10, 2004, he and his partner were on patrol in a marked police car when they saw the minor and three other males at the corner of Rosemead and Telegraph. As their car approached, the males started running away. One of the males had a hand over his belt with his fingers splayed as if he were holding something. This â€