H.M.

People v. H.M.

Good Law
167 Cal. App. 4th 136·2008 Cal. App. LEXIS 1483·83 Cal. Rptr. 3d 850
Court of Appeal of CaliforniaSeptember 29, 2008No. B200933California4,535 words

Opinion

lead Opinion

Aldrich, J.

H.M., a minor, appeals from the order declaring him a ward of the court (Welf. & Inst. Code, § 602) entered following the juvenile court’s finding he possessed a concealable firearm (Pen. Code, § 12101, subd. (a)(1)). The juvenile court ordered H.M. placed in the camp community placement program for a maximum confinement period of three years two months. H.M. contends the juvenile court erred by denying his suppression motion. We disagree, and affirm.

*140 FACTUAL AND PROCEDURAL BACKGROUND

On July 2, 2007, the People filed a petition under Welfare and Institutions Code section 602 alleging that H.M. possessed a concealable firearm on June 28, 2007. (Pen. Code, § 12101, subd. (a)(1).) H.M. filed a motion to suppress evidence (Welf. & Inst. Code, § 700.1). At a combined hearing on both the suppression motion and the merits, the following evidence was adduced.

On June 28, 2007, at approximately 3:45 p.m., Los Angeles Police Department Officer Edgar Hernandez, who was assigned to the Rampart gang detail, was on patrol in the area of 3rd Street and Alexandria Avenue in Los Angeles with his partner, Officer Godoy. The area was a “stronghold” of the 18th Street gang and was…

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