In Re Edward Q.

Introduction

Edward Q. was alleged to have brought marijuana. into juvenile hall, in violation of Penal Code section 4573. The juvenile court found the allegations against Edward true, and he appealed.

In a case of first impression, we hold a person who brings a controlled substance or other contraband into juvenile hall is properly charged under Welfare and Institutions Code section 871.5, not Penal Code section 4573. We therefore reverse and remand.

Statement of Facts and Procedural History

On September 18, 2008, the district attorney filed a subsequent delinquency petition (the second petition) alleging Edward had committed second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c) [count 1]); committed battery on a peace officer (id., § 243, subd. (b) [count 2]); and resisted arrest (id., § 148, subd. (a)(1) [count 3]). Edward was remanded to the custody of the sheriff, and detained at juvenile hall.

Edward underwent a standard search at the intake and release center at juvenile hall. A deputy juvenile correctional officer found a small baggie containing a usable amount of marijuana concealed in Edward’s shoe. Edward told the officer he had loaned his shoes to a…