In re Jonathan O. CA1/1

INTRODUCTION

We are asked to review an appeal from the juvenile delinquency court where appellant was charged with a violation of Penal Code section 647, subdivision (f), and the petition was sustained. Appellant raises two issues: (1) the offense did not take place in a public place, and (2) his inability to care for himself was not proven beyond a reasonable doubt. We have reviewed the case and we now affirm.

STATEMENT OF THE CASE

On July 10, 2013, the San Mateo District Attorney filed a petition pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging appellant committed misdemeanor disorderly conduct by being found in a public place under the influence and in such a state that he could not exercise care for his own safety or the safety of others. (Pen. Code, § 647, subd. (f).) The juvenile court conducted a contested hearing on April 3, 2014, and sustained the petition. On May 19, 2014, the court declared the minor a

1 ward of the court and placed him on probation in the home of his parents. A timely notice of appeal was filed on May 29, 2014.

STATEMENT OF FACTS

Officer Joseph Freitas is a member of the Redwood City Police Department. He is…