In re Keshawn B.
Filed 8/22/06 In re Keshawn B. CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR
| In re KESHAWN B., a Person Coming Under the Juvenile Court Law. | B183810 |
| THE PEOPLE, Plaintiff and Respondent, v. KESHAWN B., Defendant and Appellant. | (Los Angeles County Super. Ct. No. JJ11995 |
APPEAL from an order of the Superior Court of Los Angeles County, Robert Ambrose, Temporary Judge. (Pursuant to Cal. Const., art VI, § 21.) Affirmed as Modified.
Patricia Winters, 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, Senior Assistant Attorney General, Lawrence M. Daniels and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.
Keshawn B. appeals from an order declaring him a ward of the court pursuant to Welfare and Institutions Code section 602 following a finding that he possessed for sale cocaine base (Health & Saf. Code, § 11351.5) and that he committed a misdemeanor trespass (Pen. Code, § 602, subd. (k)). He was placed home on probation and contends the court imposed unconstitutionally vague and overbroad conditions of probation. For reasons explained in the opinion we modify two conditions of probation and otherwise affirm the order of wardship.
FACTUAL AND PROCEDURAL SUMMARY
On May 10, 2005 at approximately 9:00 p.m., Los Angeles Police Officer Rafael Virrerta was on patrol with his partner Officer Jessie Garcia in the area of Nickerson Garden Housing Development in the County of Los Angeles. They were conducting a vacant unit check at 1339 East 114th Street, apartment number 655 pursuant to a request by the Housing Authority of the City of Los Angeles. Upon entering the apartment, Officer Virrerta observed appellant running from the kitchen area to the stairs with a cutting board in his hand and approximately 20 rocks of a substance resembling rock cocaine on the board. Officer Virrerta ordered appellant to stop and come back down the stairs, but he did not comply and continued upstairs towards the bathroom. Thereafter, Officer Virrerta heard the toilet flush. There were approximately five other people in the apartment. One male was holding the rear door to the apartment, keeping other officers from coming in; and there were four other males standing in the living room. After detaining the individuals in the apartment, Officer Virrerta went upstairs and found a cutting board and razor blades on the bathroom floor next to the toilet. While he was unable to recover any evidence of rock cocaine from the toilet, there were remnants of a substance on the razor blade. Dogs were in one of the rooms.
Los Angeles Police Officer Darren Stafford was one of several officers at the rear door of apartment 655. He recovered .29 gram of cocaine from the kitchen floor. The police also recovered â€
