In Re Ricardo C.

Welfare and Institutions Code section 602 petitions were filed against Benjamin P. and Ricardo C., respondents, charging each of them with the felony of willingly setting fire to and burning a structure, Citrus Middle School. In addition, each was charged with misdemeanor malicious destruction of personal property. The trial court granted their motions to suppress their statements and, after the People stated they were unable to proceed in light of the court’s ruling, the court dismissed the cases. The People appeal, claiming the granting of the suppression motions is reviewable on appeal and asserting that the trial court erred in granting the suppression motions. In the published portion of this opinion we find the People have a right to appeal the trial court’s decision. In the unpublished portion of this opinion we find the trial court erred in granting the suppression motion because Benjamin P. and Ricardo C. did not have standing. We reverse.

Statement of the Facts

Caesar C. was questioned regarding his involvement in a fire at the Citrus Middle School. He gave a statement implicating Benjamin P. and Ricardo C. Benjamin and Ricardo were questioned shortly…