In re Jose L.
Filed 8/30/06 In re Jose 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 JOSE L., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. JOSE L., Defendant and Appellant. |
F049067
(Super. Ct. No. 51863)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. William Silveira, Jr., Judge.
Teresa M. Starinieri, 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, Stan Cross and J. Robert Jibson, for Plaintiff and Respondent.
-ooOoo-
The minor Jose L. appeals from juvenile court dispositional orders adjudging him a ward of the court. (Welf. & Inst. Code, § 602.) He contends there is insufficient evidence to support the court's finding that he possessed live ammunition in violation of Penal Code section 12101, subdivision (b)(1). On review, we will affirm the disposition of the juvenile court.
FACTS
On June 24, 2005, an officer from the Dinuba Police Department Gang Detail, Officer Renaldo Vela, along with an officer from the Tulare County Probation Department, conducted a probation search of appellant's residence. In Jose's bedroom, Officer Vela found a number of writings, CDs, photographs and drawings, and other possessions indicating appellant's affiliation with a Norteno gang. Officer Vela also located five .357 Magnum rounds in the pocket of a shirt hanging in the minor's closet, four similar rounds in a wooden chess board, a box (about 25 rounds, some of which were missing) of .22 long rifle ammunition in the chess board, a .45 round, and several other rounds of undetermined caliber.
At trial, Officer Vela testified that the confiscated ammunition was the same ammunition he found in Jose's bedroom. The court also heard the testimony of Jose's mother who claimed the bullets found in Jose's room belonged to her deceased husband who had been a San Francisco police officer. She testified she was aware Jose had these bullets in his room, but was not concerned since she kept no guns in her home.
DISCUSSION
Appellant asserts there is insufficient evidence to support the court's finding that the various rounds and bullets recovered from his room were ammunition presently capable of being detonated from a firearm within the meaning of Penal Code section 12101, subdivision (b)(1). Respondent counters that sufficient circumstantial evidence supports the finding that the ammunition was â€
