In re Octavio L.

Filed 2/20/07  In re Octavio L. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            APPEAL from a judgment of the Superior Court of Los Angeles County,

Robert Ambrose, Referee.  Reversed and remanded.

            Ronnie Duberstein , under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Shawn McGahey Webb, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

            Octavio L. appeals from an order declaring him a ward of the juvenile court after the court sustained a Welfare and Institutions Code section  602 petition alleging he had violated Penal Code section  12101, subdivision  (a)(1) (minor in possession of a weapon).[1]  At disposition, the juvenile court ordered camp community placement for six months.  Octavio appeals, contending his admission of the alleged offense was invalid and that the juvenile court's disposition order was erroneous.

            The judgment is reversed and remanded to the juvenile court for further proceedings.

BACKGROUND

            Octavio was a student at Southeast Learning Center.[2]  On September  30, 2005, an assistant principal received an anonymous tip that a student had shown a weapon to other students at a nearby Starbucks.  The principal passed this information on to a police officer.  The officer confronted Octavio during one of his classes.  The officer asked Octavio if he had any weapons and Octavio said he had a gun.  When the officer could not find the gun on Octavio's person, he asked for Octavio's backpack.  A student sitting next to Octavio had the backpack on her lap.  The backpack contained an unloaded handgun.

            In juvenile court, Octavio admitted he had been in possession of a firearm.  The  juvenile court ordered him placed in the camp community placement program.

CONTENTIONS

            1.  The juvenile court failed to adequately advise Octavio of his constitutional rights before taking his admission to the section  12101 allegation.

            2.  The juvenile court imposed two unconstitutional probation conditions.

            3.  The juvenile court incorrectly calculated Octavio's predisposition custody credits.

DISCUSSION

            1.  The juvenile court committed Boykin/Tahl error.

            Octavio contends his admission to the offense alleged in the juvenile petition was invalid because he had not been adequately advised of his Boykin/Tahl[3] rights.  This claim has merit.

                        a.  Legal principles.

            When accepting a guilty plea, the trial court must insure the record contains â€