People v. Ivan J.

Good Law
105 Cal. Rptr. 2d 382·2001 Cal. App. LEXIS 236·2001 Daily Journal DAR 3127·88 Cal. App. 4th 27·2001 Cal. Daily Op. Serv. 2551
Court of Appeal of CaliforniaMarch 28, 2001No. B142656California1,579 words

Opinion

Lead Opinion

Coffee, J.

Ivan J. appeals from a judgment declaring him a ward of the juvenile court and placing him on probation. (Welf. & Inst. Code, § 602.) He contends the evidence did not support the court’s jurisdictional finding that he had falsely identified himself to a peace officer under Penal Code section 148.9, subdivision (a) (hereafter section 148.9(a)). We affirm.

Facts

About 10:00 p.m. on October 30, 1999, Deputy Ellsworth Pond of the Santa Barbara County Sheriff’s Department responded to a report of loud *29 music at the Casmalia Post Office. When Pond arrived at the post office, appellant was standing outside with several other individuals, some of whom were drinking beer. Appellant, who was then 17 years old, was smoking a cigarette. Pond detained him for a suspected violation of Penal Code section 308, subdivision (b), which prohibits the possession of tobacco by a minor.

Pond asked appellant for his name and age. Appellant gave his true name and said his date of birth was May 11, 1981, which would have made him 18 years old. Pond recognized appellant from a prior contact, and suspected that he was lying about his age. He gave appellant an opportunity to provide his correct…

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