People v. Charles G. (In re Charles G.)

Good Law
14 Cal. App. 5th 945·223 Cal. Rptr. 3d 350
Court of Appeal of CaliforniaAugust 25, 2017No. A149593California5,599 words

Opinion

lead Opinion

Stewart, J.

*947 Charles G. appeals from the juvenile court's jurisdictional order in a Welfare and Institutions section 602 proceeding. Charles argues that we should reverse the court's finding that he carried a concealed firearm in violation of Penal Code section 25400 1 as unlawful because that *948 statute is preempted by a more specific statute that targets minors, section 29610, which the court also found he violated. Charles also argues there was insufficient evidence to support the juvenile court's finding that he willfully resisted, delayed, or obstructed a peace officer in that officer's discharge of his duties in violation of section 148.

We disagree that section 29610 preempts section 25400. We conclude the statutes prohibit different conduct and affirm the juvenile court's findings that Charles violated both statutes. We agree with Charles that there was insufficient evidence that he violated section 148 and therefore reverse this part of the court's ruling.

BACKGROUND

In December 2015, the Contra Costa County District Attorney filed a petition alleging Charles committed a felony violation of section 29610 for possession of a firearm by a minor; a felony violation of section…

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