California Court of Appeal

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In re D.D., A140704

In this case, defendant was detained and searched by police officers after being observed apparently smoking marijuana in a private parking area. Defendant was found to be in possession of a concealed loaded handgun and was charged by petition with violation of Penal Code section 25400(a)(2) and 25850(a). Defendant's motion to suppress the evidence was denied. The juvenile court further found the offenses to be mandatory felonies pursuant to subdivision (c)(4) of sections 25400 and 25850. The judgment is reversed and remained for the juvenile court to determine the applicable subdivisions of sections 25400 and 25850 and to designate the offenses as either misdemeanors or felonies accordingly, where defendant's offenses were not automatically felonies by virtue of his status as a minor.

Appellate Information

  • Decided 02/23/2015
  • Published 02/23/2015


  • Bruiniers


  • California Court of Appeal


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