In Re Jose C.

Good Law
155 Cal. App. 4th 1115·66 Cal. Rptr. 3d 612
Court of Appeal of CaliforniaOctober 1, 2007D049525California5,001 words

Opinion

Opinion

HALLER, Acting P.J.

A juvenile court found true an allegation that 16-year-old Jose C. committed the federal crime of bringing aliens into the United States ( 8 U.S.C. § 1324 (a)(2)(B)(iii)), and therefore that he fell within the court's jurisdiction under Welfare and Institutions Code section 602. Based on these findings, the court declared Jose to be a ward of the court, and sentenced him to time served in custody (58 days) and placed him on probation until his 18th birthday (April 8, 2008).

On appeal, Jose contends the state court had no jurisdiction over him because the sole basis of the juvenile petition was a federal crime. We reject this contention and affirm.

On August 16, 2006, United States Border Patrol agents tracked footprints leading across the Mexican border into the California desert near Calexico. A Border Patrol agent in a helicopter saw several persons hiding in bushes. One of those persons, later identified as Jose, wore a long sleeve dark gray shirt. Jose motioned to the other individuals, and then hid an item under a bush. After detaining Jose and six other persons, an agent recovered a cell phone hidden under the bush. Jose was the only person wearing…

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