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In re J.C.

California Court of Appeals, Fourth District, Second Division
Feb 8, 2011
No. E051538 (Cal. Ct. App. Feb. 8, 2011)

Opinion

NOT TO BE PUBLISHED

APPEAL from the Superior Court of San Bernardino County Nos. J233477, J233478 & J233479 . Larry W. Allen, Judge, and Lily Sinfield, Temporary Judge (pursuant to Cal. Const., art. VI, § 21).

H. Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant J.C.

Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant V.H.

Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant D.H.

No appearance for Plaintiff and Respondent.


OPINION

RICHLI J.

Following the denial of their suppression motion, defendants and appellants J.C., V.H., and D.H. pled guilty as follows: Minor J.C. admitted that he had committed a battery with injury on emergency personnel (Pen. Code, § 243, subd. (c)(1)) as a misdemeanor; in return, the remaining allegation was dismissed. J.C. was later declared a ward of the court and placed on probation on various terms and conditions.

All future statutory references are to the Penal Code unless otherwise stated.

Minor V.H. admitted that she had committed one count of misdemeanor resisting or obstructing a peace officer in violation of section 148, subdivision (a)(1). In return, the remaining allegation was dismissed. She was declared a ward of the court and placed on probation on various terms and conditions.

Minor D.H. also admitted to committing a battery with injury on emergency personnel (§ 243, subd. (c)(1)) as a misdemeanor; in return the remaining allegations were dismissed. D.H. was subsequently declared a ward of the court and placed on probation on various terms and conditions.

All three minors appeal. We find no error and affirm the judgments.

I

FACTUAL BACKGROUND

The factual background is taken from the suppression hearing up until the minors were located. The factual background thereafter is originated from the probation report.

On June 13, 2010, San Bernardino County Sheriff deputies responded to a residence in regard to a “large fight” at the location. The deputies were informed that 15 people were involved. When Deputy Joseph Necochea arrived at the location, he saw four to five people in an unfenced backyard area. One of the individuals was “beaten up pretty bad.” The individual had bruising and scrapes to his back and chest area and some bruising to his face.

While looking through the French door windows of the residence, Deputy Necochea saw a Hispanic juvenile, later identified as minor J.C., running from the kitchen area to the bedroom area. Deputy Necochea met with other deputies in the front of the house and knocked on the front door of the residence and announced themselves as law enforcement officers. The deputies wanted to “make sure there was nobody injured inside the residence.”

After receiving no response, one of the deputies found an open window in the front of the house and again announced “the sheriff’s department.” The deputy also informed the individuals inside the residence “that they needed to come to the front door.” When the deputy received no response, the deputy entered the residence through the open window and unlocked the front door for the remaining deputies to enter the residence. Upon entering the home, the deputies again announced themselves as deputy sheriffs and indicated that whoever was inside the residence needed to reveal him- or herself and that they wanted to ensure everyone was safe. Deputy Necochea explained that the purpose for entering the residence was to check on the safety of the individuals inside the residence and to ensure that nobody was injured or required medical aide. At the time the deputies entered the residence, they did not have knowledge that anyone inside the house had committed a crime.

As the deputies walked through the home, they continued to announce themselves as deputies. They went room to room to locate any person who was injured from the fight. They were not searching the home for contraband, only people. The deputies eventually found five individuals, including minors J.C., D.H., and V.H., trying to hide in a back bedroom.

Upon contacting the group, minors J.C., D.H., and V.H. attacked the deputies. In order to gain compliance, the minors all had to be subdued by a taser gun. The minors were arrested and then transported to the hospital because they had admitted to consuming alcohol. Once inside the hospital, the minors began to create a commotion and yell profanities. Due to the altercation, hospital staff had to call their security to assist. The minors were eventually taken to medical rooms and medically cleared.

After Welfare and Institutions Code section 602 petitions were filed against all the three minors, J.C. filed a motion to suppress the evidence. D.H. and V.H. joined in the motion.

Following an evidentiary hearing and argument of counsel, the juvenile court denied the suppression motion, finding the entry and observations made in the residence to be lawful under the exigent circumstances or community caretaking exceptions. The minors then admitted the allegations and were sentenced as set forth, ante.

II

DISCUSSION

Minors appealed and, upon their request, this court appointed counsel to represent them. The minors respective counsels have filed briefs under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to conduct an independent review of the record.

We offered minors an opportunity to file a personal supplemental brief, but they have not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.

III

DISPOSITION

The judgments are affirmed.

We concur: McKINSTER Acting P.J., MILLER J.


Summaries of

In re J.C.

California Court of Appeals, Fourth District, Second Division
Feb 8, 2011
No. E051538 (Cal. Ct. App. Feb. 8, 2011)
Case details for

In re J.C.

Case Details

Full title:In re J.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE…

Court:California Court of Appeals, Fourth District, Second Division

Date published: Feb 8, 2011

Citations

No. E051538 (Cal. Ct. App. Feb. 8, 2011)