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In re J.V.

In re J.V.
06:04:2011

In re J



In re J.V.





Filed 4/25/11 In re J.V. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO



In re J.V., a Person Coming Under the Juvenile Court Law.



THE PEOPLE,

Plaintiff and Respondent,

v.

J.V.,

Defendant and Appellant.



E051255

(Super.Ct.No. INJ021005)

OPINION


APPEAL from the Superior Court of Riverside County. Charles Everett Stafford, Jr., Judge. Affirmed.
George W. Taylor, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Alana Cohen Butler, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant and appellant J.V. (minor) was found by the juvenile court to have committed misdemeanor possession of a concealable firearm while a minor (Pen. Code,[1] § 12101, subd. (a); allegation 1); misdemeanor carrying a loaded firearm in a public place (§ 12031, subd. (a)(1); allegation 2); misdemeanor possession of live ammunition while a minor (§ 12101, subd. (b); allegation 3); and misdemeanor resisting, delaying, or obstructing a peace officer in the discharge of a duty (§ 148, subd. (a)(1); allegation 4). Minor contends there was insufficient evidence that the ammunition in the firearm he possessed was live; thus, the true findings as to allegation 2 (carrying a loaded firearm) and allegation 3 (possession of live ammunition) should be reversed. We affirm.
I. BACKGROUND
On October 7, 2009, minor fled from a deputy sheriff who was investigating a shoplifting incident. Two seconds into the foot pursuit, minor reached into his sweatshirt and tossed something into an adjacent backyard. After minor was detained, the object was recovered. It was a bandanna tied around a revolver. The deputy sheriff testified that the revolver was â€




Description Defendant and appellant J.V. (minor) was found by the juvenile court to have committed misdemeanor possession of a concealable firearm while a minor (Pen. Code,[1] § 12101, subd. (a); allegation 1); misdemeanor carrying a loaded firearm in a public place (§ 12031, subd. (a)(1); allegation 2); misdemeanor possession of live ammunition while a minor (§ 12101, subd. (b); allegation 3); and misdemeanor resisting, delaying, or obstructing a peace officer in the discharge of a duty (§ 148, subd. (a)(1); allegation 4). Minor contends there was insufficient evidence that the ammunition in the firearm he possessed was live; thus, the true findings as to allegation 2 (carrying a loaded firearm) and allegation 3 (possession of live ammunition) should be reversed. We affirm.
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