Opinion
A133461
01-31-2012
In re F.H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. F.H., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Solano County Super. Ct. No. J39858)
After a contested jurisdictional hearing, the court found true that defendant F.H. committed felony possession of a billy club in violation of former Penal Code section 12020, subdivision (a)(1). Defendant's wardship was continued; he was placed in the custody of his parents; and ordered to serve four weekends in juvenile hall. Defendant filed a notice of appeal.
(Former Pen. Code, § 12020, added by Stats. 1953, ch. 36, p. 653, § 1 and repealed by Stats. 2010, ch. 711, § 4, eff. Jan. 1, 2012.)
Defendant's counsel filed an opening brief that raises no issues and asks this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Defendant has been notified of his right to file a supplemental brief raising any issues he wishes to call to this court's attention and has not done so.
After independent review of the record, we find there are no arguable issues to brief and affirm the judgment.
Background
An off-duty San Francisco Police Officer in civilian clothing was stopped at a red light in Fairfield when he heard police sirens. He saw defendant on the sidewalk, looking around and then defendant jumped behind some bushes. The officer called Suisun City dispatch to ask if a crime had been committed and explained what he had observed. After defendant came out from behind the bushes, the officer followed defendant on foot and saw defendant repeatedly going to his front waistband. Fairfield Police Officer Nicholas McDowell received a call that an off-duty police officer was suspicious of a juvenile going into the bushes at the same time as a police vehicle passed. The juvenile was seen continuously reaching or holding something at his waist area.
Officer McDowell stopped F.H. whom he knew from previous contacts. McDowell observed something sticking out of defendant's waistband, underneath his T-shirt. He suspected it was a weapon and instructed defendant to place his hand on his head, but defendant reached for the object. McDowell pushed defendant backwards, drew his firearm, and shouted to defendant to put his hands on his head. Defendant complied and McDowell retrieved a metal pipe from defendant's waistband. The pipe was one and a half to two feet long and half an inch in diameter with plastic material on one end like some sort of handle. McDowell believed the pipe could be used as a weapon.
Defendant did not tell the officer where he found the pipe. At trial defendant testified he found it on the ground at a ranch job site where he had been helping his father, picked it up to use for fixing his bike seat, and put it in his waistband. He was not going to use it as a weapon, but did not want it out because he believed it looked like a weapon.
Defendant testified he was walking home when he saw a man looking at him which made him afraid. He jumped into some bushes because he heard the police and was afraid of them from previous contacts. He was trying to stay out of trouble.
The court carefully considered all of the testimony, considered the conduct of the minor with the pipe, the pipe's appearance, the credibility of the witnesses, and found defendant in violation of former Penal Code section 12020, subdivision (a)(1).
Discussion
Substantial evidence supports the court's finding. There were no errors in the proceedings or the disposition.
The judgment is affirmed.
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Marchiano, P.J.
We concur:
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Dondero, J.
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Banke, J.