In re Ricardo
Filed 2/10/06 In re Ricardo C. CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE
| In re RICARDO C., a Person Coming Under the Juvenile Court Law. | B180865 (Los Angeles County Super. Ct. No. PJ31958) |
| THE PEOPLE, Plaintiff and Respondent, v. RICARDO C., Defendant and Appellant. |
APPEAL from an order of the Superior Court of Los Angeles County, Morton Rochman, Judge. Wardship order affirmed.
Nicole Williams, 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, Susan D. Martynec, and Robert S. Henry, Deputy Attorneys General, for Plaintiff and Respondent.
The minor, Ricardo C., appeals from the January 28, 2005 wardship order (Welf & Inst. Code, § 602) placing him in a short-term camp-community placement program. The juvenile court sustained an allegation in a January 10, 2005 delinquency petition charging the minor with misdemeanor disobedience of a court order. (Pen. Code, § 166, subd. (a)(4).) The minor argues there was insufficient evidence to support the juvenile court's finding that he violated a gang injunction. We affirm the wardship order.
We view the evidence in a light most favorable to the wardship orders. (Jackson v. Virginia (1979) 443 U.S. 307, 319; In re George T. (2004) 33 Cal.4th 620, 631; People v. Osband (1996) 13 Cal.4th 622, 690; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909; In re Babak S. (1993) 18 Cal.App.4th 1077, 1088-1089 [standard of proof is the same in juvenile proceedings as that required in adult criminal trials]; In re Jose R. (1982) 137 Cal.App.3d 269, 275 [same].) Officer Ralph Brown, who was assigned to the Van Nuys Gang Division at the time of the adjudication hearing, interviewed both the minor and another youth, Nazario J. on November 12, 2004. Both the minor and Nazario admitted to Officer Brown that they were affiliated with the local gang. Officer Brown served both minors with a copy of the court ordered injunction against the local gang. The injunction included a map of the area covered by the injunction as well as the activities that were allowed and prohibited by the order. The address of 14730 Strathern Street was within the area covered by the injunction. At the time the minor and Nazario were served with the order, a photograph was taken of each of them with the injunction in their hand. A declaration of personal service was also prepared at the time they were served with the injunction. On December 10, 2004, Officer Brown arrested the minor and Nazario for violating the gang injunction. Officer Brown advised the minor and Nazario that they were not permitted to be in one another's company.
The minor was tried along with Nazario. On January 6, 2005, at approximately 4:20 p.m., Los Angeles Police Officer John Jizmejian responded to a call in the area of 14730 Strathern Street. Officer Jizmejian saw the minor and Nazario near a carport. Officer Jizmejian testified he saw the two youths â€
