In Re Angel R.

People v. Angel R.

Good Law
163 Cal. App. 4th 905·2008 Cal. App. LEXIS 843·77 Cal. Rptr. 3d 905
Court of Appeal of CaliforniaJune 5, 2008G039120California3,226 words

Opinion

Opinion

Sills, J.

— Angel R. appeals from the order of the juvenile court finding him a ward of the court and placing him on probation after sustaining a petition charging him with possessing a switchblade knife, graffiti tools and less than an ounce of marijuana. (See Pen. Code, §§ 594.2, subd. (a), 653k; Health & Saf. Code, § 11357, subd. (b).) Although Angel brought a motion to suppress evidence, it was not pursued by newly appointed counsel before its hearing, an omission which Angel now characterizes as ineffective assistance of counsel. He also attacks the sufficiency of evidence to support the misdemeanor offenses of switchblade possession and graffiti tools. We affirm.

FACTS

In response to a citizen’s complaint of four suspicious males displaying gang signs at an intersection, Anaheim Police Officers Salcido and Coursey proceeded to the nearby Palm Lane Park and found Angel in the company of three other young males. Salcido approached them and immediately noticed that Angel had bloodshot eyes and smelled of marijuana. When asked, Angel informed Salcido that he had some “weed” in his pocket. Salcido asked for, and received, Angel’s consent to search his person: The result was the…

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