In re A.J. CA2/3

BACKGROUND

In a petition filed on February 6, 2013, it was alleged the 17-year-old appellant came within the provisions of section 602 of the Welfare and Institutions Code in that he possessed marijuana for sale (count 1), he committed vandalism with $400 or less of damage by marking a table belonging to a Jack-In-The-Box restaurant (count 2) and he possessed markers and a scribing tool for the purpose of committing vandalism or affixing graffiti (count 3). 1. The People’s case-in-chief. At about 9:30 p.m. on December 2, 2012, Santa Monica Police Officer Martin Jauregui (Officer Jauregui) and his partner stopped a car on Lincoln Boulevard for a traffic violation. There were three youths in the car. Officer Jauregui had the driver step out of the car. The officer saw the handle of a gun in the pocket of the driver’s door. He handcuffed the driver and had him sit at the rear of the car on the curb. The officer retrieved and examined the gun. It was made of plastic. He replaced the plastic gun in its door pocket. When Officer Jauregui was standing next to open car door and while he was retrieving and replacing the plastic gun, he could smell a strong odor of marijuana emanating from…