In re Jose C. CA1/2

BACKGROUND

The information filed by the Alameda County District Attorney included: in count one, that appellant carried a concealed firearm (Pen. Code, § 25400, subd. (a)(2)), and, in count two, that he carried a loaded firearm in public (Pen. Code, § 25850, subd. (a)). On June 26, 2012, following a contested jurisdictional hearing, the court found these allegations to be proven true beyond a reasonable doubt. The court subsequently declared appellant a ward of the court and placed him on probation in his mother’s custody. At the jurisdictional hearing, the court heard from the following witnesses: appellant and Hayward Police Officer Paul Petersen, the officer who discovered the firearm and arrested appellant. On January 30, 2012, just before 6:00 p.m., Hayward Police Officers Valderrama and Petersen drove to an address on Jefferson Street, which was a gang residence that had been the location of multiple shootings and was known to house individuals who possess firearms. The police reports and officer’s testimony state that upon approaching the residence, Officer Petersen noticed appellant standing in front of the home smoking a cigarette. Smoking in public is a Municipal Code…