The People v. J.E.

FACTS AND PROCEDURAL BACKGROUND

The Orange County District Attorney filed a Welfare and Institutions Code section 602 petition alleging minor possessed cocaine base for sale (Health & Saf. Code, § 11351.5) to benefit a criminal street gang (Pen. Code, § 186.22, subd. (b)) and actively participated in a criminal street gang (Pen. Code, § 186.22, subd. (a)) on September 17, 2011. At the jurisdictional hearing, Santa Ana Police Officer Rashad Wilson testified he was a gang detective on duty at approximately 12:45 p.m. on September 17, 2011. He and his partner, Justo Capacete, were in a “slick top” (no overhead lights) marked patrol car in the vicinity of 800 South Townsend Street. This was a “high gang activity” area, as well as a “high narcotic activity [area] for sales.” From a vantage point approximately 25 yards away, Wilson saw minor and another juvenile, M.B., in the west alley behind the apartment building at 802 South Townsend. The weather was clear and sunny and nothing obstructed Wilson’s view. The minors stood about three feet apart, conversing and gesturing with their hands. Wilson observed three apparent drug transactions in the span of 20 minutes. Each time, minor…