In re Alexander R.

Filed 5/8/06 In re Alexander R. CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

Alexander R. alleges there was insufficient evidence to establish violations of the relevant Business and Professions Code sections and insufficient evidence that he understood the wrongfulness of his actions as required by Penal Code section 26. We disagree and affirm.

PROCEDURAL HISTORY

A juvenile wardship petition under Welfare and Institutions Code section 602 was filed against the minor, 13-year-old Alexander, alleging two misdemeanor violations of the Business and Professions Code on November 19, 2004: (1) unlawful furnishing of a prescription drug (Bus. & Prof. Code, § 4059) and (2) unlawful possession of a prescription drug (Bus. & Prof. Code, § 4060). Following a hearing, the court found the allegations of the petition had been proven as to both counts. Alexander was made a ward of the court and was placed in his parents' home under probation supervision. Three other minors, all of whom testified at the hearing, were initially subjects of petitions themselves. The fate of those petitions is not clear from the record.

FACTS

Neal B. was Alexander's best friend; both minors were special education students. As of November 2004, Neal was prescribed Concerta for his attention deficit hyperactivity disorder. Alexander became aware that Neal was taking this medication during a conversation the two boys had with Neal's father. Alexander was not taking any medication himself. After this conversation, Alexander called Neal and asked him to bring the pills to school. The next day, Neal did so. Initially, he gave Alexander two or three pills from the bottle. At lunchtime, he gave Alexander approximately four more and saw him ingest one of the pills. Alexander never said why he wanted the pills or what he was doing with them. Later that day, Alexander asked to examine the bottle to see how many milligrams the pills were. At that time, Alexander apparently took approximately 20 to 30 pills from the bottle. Neal did not see this happen but knew the bottle was much lighter when Alexander returned it to him. A short time later, Alexander gave Neal two dollars for more pills. The same day, another minor, Nestor M., asked Neal for some of the pills. Neal gave him approximately three pills. At the end of the day, Neal threw the pill bottle and the remaining pills away.

Isaac F. testified that he received a pill from Nestor. At this time, Nestor and Isaac were hiding near the back of the school because they were â€