In Re Ricardo A.
People v. Ricardo A.
Opinion
Opinion
Hollenhorst, J.
In this appeal, minor Ricardo A. challenges the juvenile court’s finding that he is in criminal contempt of court in violation of Penal Code section 166, former subdivision 4, because he violated the terms and conditions of his probation by possessing a knife and gang paraphernalia.
His sole contention on appeal is that the true finding under Penal Code section 166, the general contempt statute, was improper because Welfare and Institutions Code section 213 is a more specific contempt section that supplants the Penal Code provision in juvenile court proceedings.
Factual and Procedural Background
On June 2, 1992, a petition was filed in juvenile court under section 602 which alleged that the minor came within the provisions of that section due to his commission of the crime of grand theft from the person (former Pen. Code, § 487, subd. 2, amended Stats. 1989, ch. 930, operative Jan. 1, 1993, now Pen. Code, § 487, subd. (c)).
On July 22, 1992, the minor admitted the allegation and was placed in the custody of his parents on terms of probation for three years. Among the terms and conditions of his probation were that he “[n]ot possess any dangerous or deadly weapons,…