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In re Rafael A

In re Rafael A
03:25:2006

In re Rafael A


Filed 3/23/06 In re Rafael A. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 RAFAEL A., a Person Coming Under the Juvenile Court Law.



B184946


L.A.Super.Ct. No. FJ 35915)



THE PEOPLE,


Plaintiff and Respondent,


v.


RAFAEL A.,


Defendant and Appellant.




APPEAL from a judgment of the Superior Court of Los Angeles County. Rudolf Diaz, Judge, and Shepp Zebberman, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed.


________


Murray A. Rosenberg, 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, Assistant Attorney General, Ana R. Duarte and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.


________


After denying a motion to suppress evidence, the juvenile court declared Rafael A. a delinquent ward based on its finding that he possessed a dirk or dagger. (Welf. & Inst. Code, §§ 700.1; 602, subd. (a); Pen. Code, § 12020, subd. (a)(4).) The court placed Rafael home on probation and set his maximum confinement time at 3 years.


Rafael appeals, contending that the juvenile court erred in denying his motion to suppress because he was illegally detained before a search disclosed the weapon. We agree and reverse the judgment (order of wardship).


FACTS


At about 6:50 p.m. on Friday, February 25, 2005, two uniformed Los Angeles police officers were on patrol near the intersection of Eagle Rock and York Blvd. The officers â€





Description A decision regarding motion to suppress evidence, and possession a dirk or dagger by a juvenile.
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