In Re John C.

People v. John C.

Good Law
145 Cal. Rptr. 228·1978 Cal. App. LEXIS 1461·80 Cal. App. 3d 814
Court of Appeal of CaliforniaApril 12, 1978Crim. 31509California2,858 words

Opinion

Opinion

Hupp, J.

John C., a minor, appeals from an order of the Superior Court of Los Angeles County sitting as a juvenile court adjudicating him a ward of the court and committing- him to the California Youth Authority. We reverse the order.

In an amended petition filed by the District Attorney in the Juvenile Court, it was alleged that appellant came within the provisions of section 602 of the Welfare and Institutions Code in that: (count I) on June 21, 1977, he wilfully and unlawfully had in his possession not more than one ounce of marijuana in violation of Health and Safety Code section 11357, subdivision (b), a misdemeanor; and (count II) on the same date he was willfully and unlawfully in possession of a controlled substance (PCP) in violation of Health and Safety Code section 11377, subdivision (a), a felony. Appellant denied the allegations of the amended petition. At the adjudication proceeding, after presentation of the petitioner’s case, appellant moved to suppress evidence consisting of a hand-rolled marijuana cigarette and .02 grams of a powder containing phencyclidine (PCP). The motion was denied. The court found the allegations of the amended petition to be true, and…

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