In Re Kenny A.

Following a contested jurisdictional hearing, the juvenile court sustained a Welfare and Institutions Code section 602 petition alleging that appellant violated Health and Safety Code section 11359, possession of marijuana for sale. Appellant was a minor at the time of the offense and 18 years of age at the time of disposition. The court placed appellant on juvenile probation with certain terms and conditions. The court committed appellant to the county jail for 180 days, with 30 days stayed. He was deemed not eligible for any out of custody programs, work furlough, time credits or weekend work. Appellant contends he received ineffective assistance of counsel and that the juvenile court erred in sentencing him to county jail. In the unpublished portion of this opinion, we reject appellant’s ineffective assistance claim. In the published portion of this opinion, we agree there was error in the disposition.

In March 1999, appellant was attending Fremont High School in Sunnyvale. The assistant principal, Lawrence Vilaubi, detained appellant and searched his backpack. In it Vilaubi found a cloth glove. The glove contained five 1-inch-square baggies that appeared to contain…