Filed 4/20/17 In re J.T. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE


In re J.T., a Person Coming Under
the Juvenile Court Law.

THE PEOPLE,
Plaintiff and Respondent,
v.
J.T.,
Defendant and Appellant.




A149865

(Contra Costa County
Super. Ct. No. J1500278)


The juvenile court denied J.T.’s (the minor) suppression motion and found true the allegation he possessed an assault weapon (Pen. Code, § 30605, subd. (a)). The court continued wardship (Welf. & Inst. Code, § 602), and committed him to the Orin Allen Youth Rehabilitation Facility (OAYRF) for six months.
The minor appeals. His appointed counsel asked this court to review the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We have reviewed the record and we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 2015, the minor admitted misdemeanor fraudulent use of an access card (§ 484g) and the court declared him a ward of the court (Welf. & Inst. Code, § 602) and placed him on probation. A 2016 supplemental wardship petition (Welf. & Inst. Code, § 602) alleged felony possession of an assault weapon (§ 30605, subd. (a)). At a combined suppression and jurisdictional hearing, the parties presented the following evidence:
Richmond Police Officer Brandon Ruffin and several other officers went to a Richmond hotel in September 2016 after receiving a report that hotel rooms were being occupied illegally. The officers removed several people, including the minor, from one hotel room. Officer Ruffin searched the room and found a loaded “TEC-9, Intratec, submachine gun” under the sink. The serial number had been removed and a “makeshift sling” had been attached to the “rear portion of the firearm.” The minor was “taken into custody.” At the police station, Officer Ruffin Mirandized the minor, who admitted he found the gun and planned to sell it. The minor also told Officer Ruffin he hid the gun when he saw the police outside the hotel because he knew he would get into trouble if the police found the gun.
The court denied the minor’s motion to suppress, concluding he did not have a reasonable expectation of privacy in the hotel room because he was occupying it illegally. The court found true the allegation the minor possessed an assault weapon (§ 30605, subd. (a)), a felony. Following a dispositional hearing, the court continued wardship (Welf. & Inst. Code, § 602) and committed the minor to OAYRF for six months. The court ordered the minor to pay restitution and imposed various other conditions.
DISCUSSION
The minor’s appointed counsel filed a Wende brief and informed the minor he had the right to file a supplemental brief on his own behalf. The minor declined to do so. We have reviewed the entire record pursuant to Wende and find no arguable issues. (People v. Kelly (2006) 40 Cal.4th 106, 126.) The court properly determined the minor knowingly and voluntarily waived his Miranda rights. (People v. Whitson (1998) 17 Cal.4th 229, 248.) The court also properly denied the motion to suppress. (See People v. Magee (2011) 194 Cal.App.4th 178, 183, 191.) Substantial evidence supports the court’s finding that the minor possessed an assault weapon in violation of section 30605. (See In re Jorge M. (2000) 23 Cal.4th 866, 887.) The court did not abuse its discretion in committing the minor to OAYRF. (See In re Khamphouy S. (1993) 12 Cal.App.4th 1130, 1135.) The minor was ably represented by counsel at every stage of the proceedings.
DISPOSITION
The judgment is affirmed.
 



_________________________
Jones, P. J.


We concur:


_________________________
Simons, J.


_________________________
Bruiniers, J.












A149865