In re Yolanda L
Filed 2/10/06 In re Yolanda L. CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| In re YOLANDA L., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. YOLANDA L., Defendant and Appellant. |
F048405
(Super. Ct. No. JJD059064)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. William Silveira, Jr., Judge.
Robert L. S. Angres, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Charles A. French and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
INTRODUCTION
On January 13, 2005, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that appellant, Yolanda L., obstructed a peace officer in the performance of his duties (Pen. Code, § 148, subd. (a)(1)).[1] The juvenile court denied Yolanda's suppression motion and after a contested adjudication hearing, found the allegation true.
At the conclusion of the June 10, 2005 disposition hearing, the juvenile court found Yolanda a ward of the court and ordered her on probation for one year under the supervision of the probation officer. Yolanda was permitted to remain in her grandmother's custody.
On appeal, Yolanda contends the officers had no reasonable suspicion to detain her and that her arrest was unlawful. Yolanda also contends there was insufficient evidence adduced at the hearing that she violated section 148, subdivision (a)(1).
FACTS
On November 20, 2004, Sergeant Richard House of the Tulare Police Department was dispatched at 3:48 a.m. to investigate a disturbance located at the 1100 block of West Inyo Avenue. House was told the disturbance was caused by females at a residence. When House arrived shortly after the dispatch, he saw three young women walking less than a block, or about 300 feet, away from the 1100 block of West Inyo. They were walking directly from and immediately away from the location of the call.
House made a U-turn in his marked patrol car to talk to the females. House was wearing his uniform. The three women ran 25 or 30 feet and went through and over the gates to the fence surrounding Roosevelt School. Two of the females appeared to be juveniles but House could not tell whether the third one was a juvenile.
House yelled very loud at the three females that he was a police officer and to come back to the fence. They ran behind a building on the school grounds. House radioed other officers to set up a perimeter around the school. Officer Rocha shinned his vehicle's spotlight along the fence away from him and yelled at the females to stop and to come back.
House entered the school grounds and found the females standing in the southwest corner of the school yard. House shined his flashlight on them and told them to â€
