Y.C.

Y.C. v. Superior Court

Good Law
Court of Appeal of CaliforniaNovember 8, 2021A162063California11,548 words

Opinion

Opinion

BACKGROUND

A. The Charges On November 10, 2020, the juvenile court issued an arrest warrant for Y.C., then 17 years old. On the same day, the People filed a wardship petition charging Y.C. with three felonies: assault with a firearm (Pen. Code, § 245, subd. (a)(2)); carrying a loaded firearm (Pen. Code, § 25850, subd. (c)(4)); and possession of a firearm by a minor (Pen. Code, § 29610). The first count included a firearm-use enhancement (Pen. Code, § 12022.5, subd. (a)). According to the detention report, Y.C. was alleged to have shot a suspected rival gang member in the leg. Arrested on November 11, 2020, Y.C. was taken to the Juvenile Assessment Center (Assessment Center), where he met with a probation officer and invoked his rights under Miranda v. Arizona (1966) 384 U.S. 436. The probation officer spoke to Y.C.’s mother, who told the probation officer she had been concerned with Y.C.’s behavior. Y.C.’s mother reported that several months earlier, she had approached the Burlingame Police Department for assistance controlling Y.C.’s behavior. The mother indicated to police that she had noticed a “ ‘black flat thing, that is part of a gun’ ” in the family home, reprimanded…

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