In re Lupe S.
Following a contested jurisdictional hearing, the juvenile court sustained charges against Lupe S., a minor, of possession of a firearm (Pen. Code, 12021, subd. (d)), concealing a firearm upon the person (Pen. Code, 12025, subd. (a)(2)), and possession of a firearm capable of being concealed on the person (Pen. Code, 12101, subd. (a)(1)). The minors wardship was continued and he was ordered placed in the Rite of Passage program.
On appeal, the minor contends (1) the evidence was insufficient to support the sustaining of all three charges; (2) because his detention was unlawful, his admission to throwing away a knife should have been suppressed; (3) the juvenile court incorrectly calculated his maximum term of confinement; (4) remand is required for the juvenile court to declare the felony/misdemeanor character for a previously sustained charge of unlawful taking of a vehicle (Veh. Code, 10851, subd. (a)); and (5) the juvenile court erred by failing to make the discretionary determination of his maximum period of confinement as provided by Welfare and Institutions Code section 731, subdivision (b). Other than correcting the minors maximum period of confinement, Court affirm the judgment.
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