In re B.V.











Filed 11/22/10 In re B.V. CA1/3





NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

In re B.V., a Person Coming Under the Juvenile Court Law.
THE PEOPLE, Plaintiff and Respondent, v. B.V., Defendant and Appellant.	A127517 (Alameda County Super. Ct. No. SJ09013363)

B.V., a minor, appeals from a dispositional order after the juvenile court sustained an allegation of fighting in a public place. He contends the court should have suppressed the victim's identification testimony because the field identification was impermissibly suggestive, and tainted the in-court identification. We agree the field identification procedures were poor, but, under the totality of the circumstances, we are not persuaded they affected the victim's in-court identification. We therefore affirm the juvenile court's order.
BACKGROUND
I. The Jurisdictional Hearing
M.E. was a summer school student at Tennyson High School. During a break between classes, a former girlfriend and three males approached him in the hallway. B.V. was one of the three, and M.E. had seen him before at school.
One of the group asked M.E. if he was a â€