In re Joshua M. CA5

INTRODUCTION

On December 27, 2011, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging 14-year-old appellant, Joshua M., feloniously carried a dirk or dagger (Pen. Code, § 12020, subd. (a)(4)).1 At the conclusion of a contested jurisdiction hearing on April 25, 2012, the juvenile court found the allegation true beyond a reasonable doubt. At the disposition hearing on May 23, 2012, the juvenile court granted Joshua’s motion to treat the felony adjudication as a misdemeanor pursuant to section 17, subdivision (b). We reject Joshua’s contention on appeal that there was insufficient evidence before the juvenile court that he possessed a dirk or dagger.

FACTS AND PROCEEDINGS

On December 22, 2011, at 5:30 p.m., Detective Hector Rodriguez of the Tulare County Sheriff’s Department was working with the gang violence suppression unit and contacted Joshua at the corner of Avenue 404 and Muller Road in Cutler. Joshua was with three other people. Rodriguez asked the group if anyone had any weapons. Joshua replied that he had a sharp screwdriver in one of his pockets. While conducting a pat-down search of Joshua, Rodriguez found what initially appeared to be a…