In Re Benny S.

The trial court sustained count I of a 602 petition (Welf. & Inst. Code, § 602) which alleged that appellant was a 17-year-old minor who on February 15, 1989, possessed marijuana for sale (Health & Saf. Code, § 11359). Appellant was found a ward of the court and placed home on probation subject to various conditions, including 60 days in juvenile hall, stayed. Appellant contends the trial court erred by denying disclosure of a confidential informant, by denying his search and seizure suppression motion, and by “ordering appellant to serve 60 days in juvenile hall in the event probation is violated.” We find no error and affirm.

Procedural and Factual Background

A 602 petition (Welf. & Inst. Code, § 602) alleged appellant had possessed marijuana for sale (Health & Saf. Code, § 11359) and cocaine for sale (Health & Saf. Code, § 11351.5). Appellant denied the allegations.

Appellant’s motions to disclose the informant and suppress search evidence were, following a hearing, denied.

The court sustained the possession for sale of marijuana count and found untrue the possession for sale of cocaine count.

The facts are simple, undisputed, and entirely based upon the testimony…