People v. Candido B.

Candido B., a minor, appeals from the order declaring him a ward of the court (Welf. & Inst. Code, § 602) by reason of his having possessed phencyclidine. (Health & Saf. Code, § 11377, subd. (a)). He contends, in essence, that (1) he was improperly denied a jury trial, (2) the evidence was insufficient to sustain the court’s finding, and (3) he was improperly denied the right to present evidence in his defense. We reverse.

The evidence in support of the present petition indicated that at approximately 1:25 a.m. on April 15, 1979, Los Angeles Police Officers Frank Goldberg and his partner directed the beam of their unmarked unit’s headlights onto appellant and two other youths who were standing near an “older person” who was seated on a brick fence. Officer Goldberg testified he was able to see appellant and another youth each discard one of the phencyclidine cigarettes that were later found on the ground. 1 However, in a search of their persons following their arrests, only the “older person,” identified as Raul Allaniz, was found to possess contraband, i.e., “a foil bindle containing a brownish green plant material which [was also] analyzed as PCP.”

Contrary to…