In Re Sergio M.

People v. Sergio M.

Good Law
13 Cal. App. 4th 809·16 Cal. Rptr. 2d 701·1993 Cal. App. LEXIS 167·93 Cal. Daily Op. Serv. 1334
Court of Appeal of CaliforniaJanuary 28, 1993H009582California2,087 words

Opinion

Opinion

Elia, J.

A Welfare and Institutions Code section 602 petition was filed alleging the minor, Sergio M., possessed for sale and offered for sale marijuana. (Health & Saf. Code, §§ 11359, 11360, subd. (a).) At the start of the jurisdictional hearing, the prosecutor asserted the privilege of confidentiality for the location of surveillance. (Evid. Code, §§ 1040-1042.) Officer Towner took the stand and answered questions from both parties pertaining to the location of the surveillance. The court then conducted an in camera hearing with the prosecutor and Towner, after which the court found that the public interest in not disclosing the surveillance location outweighed the interest of the minor to cross-examine the officer on the location. The privilege was sustained. At the close of the prosecution’s case, the court denied the minor’s motion for reconsideration of the ruling on the privilege as well as his motion to strike Towner’s testimony and to dismiss the petition. At the close of the hearing the court found the petition to be true. The court committed the minor to juvenile hall for 90 days with 30 days stayed pending successful completion of probation, and ordered 100 hours of…

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