In Re Mario C.

People v. Mario C.

Good Law
124 Cal. App. 4th 1303·2004 Cal. App. LEXIS 2140·2004 Daily Journal DAR 14856·21 Cal. Rptr. 3d 891·2004 Cal. Daily Op. Serv. 11012
Court of Appeal of CaliforniaDecember 14, 2004H025816California3,673 words

Opinion

Opinion

Rushing, J.

Mario C. brings this appeal from an order of the juvenile court deferring entry of judgment under Welfare and Institutions Code section 790 et seq. He contends that the court erred by denying his motion to suppress evidence of a knife discovered on his person by a school administrator. We have concluded that there is no appealable order on which to base the appeal, and insufficient basis on which to predicate review by extraordinary writ. Accordingly, we will dismiss the appeal.

BACKGROUND

The district attorney filed a petition alleging that the minor, then 14 years of age, was a person described in section 602 of the Welfare and Institutions Code in that he possessed a knife with a locking blade on school property in violation of Penal Code sections 626.10 (count I), 12020, subdivision (a) (count II), and 653k (count III).

The minor’s counsel filed a motion to suppress evidence of the offending knife. A police report indicated that the knife was discovered when a vice-principal at the minor’s school, while investigating a report of marijuana smoke emanating from a boy’s restroom, detained the minor along with two others, and instructed him to empty his pockets. The…

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