In Re Reyes P.

Following a contested jurisdiction hearing, the trial court found true the only allegation in a subsequent petition under Welfare and Institutions Code section 602 that defendant possessed a firearm while on probation and in violation of an express probation condition prohibiting such activity (Pen. Code, § 12021, subd. (d)). Thereafter, and at the conclusion of a contested dispositional hearing, the trial court ordered defendant committed at the California Youth Authority for a maximum term of six years—four years maximum on a 1991 car theft (Veh. Code, § 10851), one year maximum for a 1990 violation of Penal Code section 496.1 (receiving stolen property) and one year on the current offense of possessing a firearm in violation of Penal Code section 12021, subdivision (d).

Discussion

1.

Application of Penal Code Section 12021, Subdivision (d) to Juvenile Offenders

Defendant’s first contention in this appeal is that Penal Code section 12021, subdivision (d) applies only to adult probationers and, therefore, the trial court erred in denying defendant’s motion to dismiss the subsequent petition which alleged only a violation of that purportedly inapplicable code section.…