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In re T.S. CA2/6

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In re T.S. CA2/6
By
02:09:2018

Filed 12/12/17 In re T.S. CA2/6
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX


In re T.S., a Person Coming Under the Juvenile Court Law.
2d Juv. No. B282455
(Super. Ct. No. VJ44830)
(Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

T.S.,

Defendant and Appellant.


T.S. was charged in a wardship petition with felony possession of a concealable firearm by a minor, and misdemeanor possession of live ammunition by a minor. (Pen. Code, §§ 29610, 29650.) He denied both counts.
T.S. was two days shy of his seventeenth birthday at the time of his arrest in this case. According to a probation report, T.S. was arrested at the age of 11, and again at age 12. He was declared a ward of the court multiple times: at age 13 (for resisting a police officer and vandalism); at age 14 (for making terrorist threats and resisting an officer); and at age 15 (for attempted robbery, resisting an officer, and battery). He became a dependent of the juvenile court at the age of six months, and is in a guardianship. The probation department recommended that T.S. be placed in a restrictive environment for his safety and for the safety of the community.
At adjudication, Los Angeles Police Department officer Jacob Rice described T.S.’s conduct on the night of April 4, 2017. Rice was a passenger in a patrol car when he spotted T.S. ten feet away, walking with two young men. Rice testified that T.S. “gave me a surprised started look, and then he made a throwing motion with his left hand,” using an underhand grip. One second later, Rice heard a metallic ping and believed that T.S. had discarded a firearm.
Rice’s view of T.S. was partially blocked by a car, so he did not see a gun in T.S.’s hand. Rice’s view of the two individuals with T.S. was not blocked, however, and neither of them made a throwing motion. Rice detained T.S. and recovered a loaded .22 caliber revolver from the area where he saw T.S. make a throwing motion.
T.S. testified that he did not initially realize that he was being passed by a patrol car because it did not have police lights; he thought it was a regular car. T.S. was behind a car, tying his shoe, while his friends walked on ahead. He denied having or throwing a firearm. The police detained all three young men to determine whose gun it was.
After considering the trial evidence, the court found the felony and the misdemeanor counts true. It committed T.S. to the custody of the probation department for placement in a camp community program for a period of seven to nine months. T.S. is subject to a maximum term of confinement of four years, six months.
T.S. appealed the judgment and sentence. We appointed counsel to represent him in this appeal. After examining the record, counsel filed an opening brief raising no issues. On August 29, 2017, we advised T.S that he had 30 days to personally submit any contentions or issues that he wishes to raise on appeal. We received no reply.
We have reviewed the entire record and are satisfied that T.S.’s attorney fully complied with her responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED




PERREN, J.

We concur:



GILBERT, P. J.



TANGEMAN, J.

Geanene M. Garcia-Yriarte, Judge

Superior Court County of Los Angeles
______________________________

Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.





Description T.S. was charged in a wardship petition with felony possession of a concealable firearm by a minor, and misdemeanor possession of live ammunition by a minor. (Pen. Code, §§ 29610, 29650.) He denied both counts.
T.S. was two days shy of his seventeenth birthday at the time of his arrest in this case. According to a probation report, T.S. was arrested at the age of 11, and again at age 12. He was declared a ward of the court multiple times: at age 13 (for resisting a police officer and vandalism); at age 14 (for making terrorist threats and resisting an officer); and at age 15 (for attempted robbery, resisting an officer, and battery). He became a dependent of the juvenile court at the age of six months, and is in a guardianship. The probation department recommended that T.S. be placed in a restrictive environment for his safety and for the safety of the community.
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