Fear Not Law Articles: In re Tomas G.

In re Tomas G

In re Tomas G.

Filed 2/9/07 In re Tomas G. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

In re TOMAS G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

TOMAS G.,

Defendant and Appellant.

A115468

(San Francisco County

Super. Ct. No. JW05-6413)

Pursuant to a negotiated disposition, appellant, minor Tomas G., admitted an allegation in a 602 petition^{^[1]} that he possessed a concealable firearm. (Pen. Code, § 12101, subd. (a)(1).) A street terrorism enhancement allegation under Penal Code section 186.22, subdivision (b)(1) was dismissed. Consistent with the negotiated disposition, appellant was redeclared a ward of the court and committed to the Log Cabin Ranch School. The maximum confinement time was set at four years and eight months.^{^[2]}

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.

Appellant was represented by counsel throughout the proceedings. A motion to suppress the firearm found by police in appellant's pants pocket was properly denied. Appellant was on probation at the time of the search with a search condition, which condition the police were aware of prior to the search. Following denial of the motion to suppress, appellant's admission of possessing a concealable firearm was validly entered. There was no error in the dispositional commitment.

Judgment affirmed.

_________________________

Reardon, J.

We concur:

_________________________

Ruvolo, P.J.

_________________________

Sepulveda, J.

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^{^[1]} Welfare and Institutions Code section 602.

^{^[2]} A prior petition had been sustained for felony assault. (Pen. Code, § 245, subd. (a)(1).)

Description	Pursuant to a negotiated disposition, appellant, admitted an allegation in a 602 petition that he possessed a concealable firearm. (Pen. Code, S 12101, subd. (a)(1).) A street terrorism enhancement allegation under Penal Code section 186.22, subdivision (b)(1) was dismissed. Consistent with the negotiated disposition, appellant was redeclared a ward of the court and committed to the Log Cabin Ranch School. The maximum confinement time was set at four years and eight months. Appellant was represented by counsel throughout the proceedings. A motion to suppress the firearm found by police in appellant's pants pocket was properly denied. Appellant was on probation at the time of the search with a search condition, which condition the police were aware of prior to the search. Following denial of the motion to suppress, appellant's admission of possessing a concealable firearm was validly entered. There was no error in the dispositional commitment. Judgment affirmed.
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