Filed 9/10/24 In re C.R. CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

In re C.R., a Person Coming Under 

the Juvenile Court Law.

 B332857

THE PEOPLE,

Plaintiff and Respondent,

v.

C.R.,

Defendant and Appellant.

 (Los Angeles County

 Super. Ct. No. FJ58096-100622)

APPEAL from the judgment of the Superior Court 

of Los Angeles County, Robert J. Totten, Judge. Affirmed. 

Courtney M. Selan, under appointment by the Court 

of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.
2

Los Angeles Department Police Officers arrested 

appellant C.R. for being a minor in possession of a handgun. 

After the juvenile court denied C.R.’s motion to suppress 

evidence, the court declared him a person described by Welfare 

and Institutions Code section 602 and placed him on probation.

1

C.R. appealed.

C.R.’s appellate counsel found no arguable issues to raise 

on appeal and filed a brief pursuant to People v. Wende (1979) 25 

Cal.3d 436 (Wende). After independently reviewing the record, 

we affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

On October 6, 2022, the district attorney filed a petition 

under section 602 alleging that C.R. was a minor in possession 

of a handgun in violation of Penal Code section 29610, 

subdivision (a), a misdemeanor. According to the detention 

report, two police officers in a patrol car saw C.R. walking on a 

street with “an unknown object tucked in his front waistband[,] 

which was causing a large bulge. [C.R.] was also holding the 

object as if he was armed with a firearm.” The officers pulled 

their patrol car up alongside C.R. and asked him “what was 

under his shirt.” C.R. “voluntarily raised his shirt and [the] 

officers observed the handle of a firearm tucked in [his] front 

waistband.” The officers then took C.R. “into custody and 

recovered a semi-automatic pistol with a seated magazine 

from [C.R.’s] waistband.” C.R. was 16 years old at the time.

1 Unspecified statutory references are to the Welfare and 

Institutions Code.
3

On October 7, 2022, the court detained C.R. and ordered 

that he be placed on home detention with his father.

On May 26, 2023, the court granted C.R.’s Pitchess2 motion 

with respect to the personnel records of the two police officers

who detained and arrested him. On June 21, 2023, the court 

conducted an in-camera review of the requested records and 

found “no relevant records for disclosure.”

On August 2, 2023, C.R. filed a motion to suppress the 

evidence arising from the officers’ detention, search, and arrest

of C.R. During the hearing on the motion, one of the officers 

who arrested C.R. testified consistent with the detention report’s 

description of the incident. The officer stated that he observed 

C.R. “holding an unknown object” underneath his clothes that 

was “causing a large bulge in his front center waistband.” Based 

on his training and experience, the officer suspected the object 

was a firearm. The officer then pulled his patrol car up next to 

C.R. The officer’s patrol partner then asked C.R. what was under 

his shirt, and C.R. responded by “voluntarily pick[ing] up his 

shirt” revealing the “handle of a firearm.”

C.R. testified that the officers approached him and told him 

“[f]our to five times” in “not a friendly tone” to pull up his shirt. 

When his counsel asked him if the officer’s tone was “strong,” 

“commanding,” and “authoritative,” C.R. responded, “Yes.” C.R. 

said he agreed to lift up his shirt “[b]ecause [he] felt like [he] 

wasn’t able to leave,” and thought the officers would follow him 

if he did not pull up his shirt. According to C.R., the officers 

opened the doors of their patrol car before he raised his shirt.

2 Pitchess v. Superior Court (1974) 11 Cal.3d 531.
4

In denying the motion, the court stated that it “reject[ed] 

[C.R.’s] recitation of the events” and found “the officer to be 

credible.” The officers, the court explained, “pulled the car next 

to [C.R.] and they just asked him [if] something [was] under his 

shirt[;] he raised his shirt. [¶] This was a consensual search.”

Immediately after the court’s ruling on the motion to 

suppress, the court held a jurisdiction and disposition hearing 

on the section 602 petition. The court found that C.R. is a person 

described by section 602 and placed him on probation under 

section 725, subdivision (a).

C.R. filed a notice of appeal, which states that he is 

appealing “from the findings and orders of the court” made in 

connection with his motion to suppress.

DISCUSSION

C.R.’s counsel filed a brief pursuant to Wende, supra, 

25 Cal.3d 436, stating that counsel reviewed the record on 

appeal and found no arguable issues to raise on appeal. Counsel 

requested we independently review the record to determine 

whether there are any arguable issues. Counsel provided C.R. 

with a copy of the Wende brief and a copy of the record on appeal, 

and informed him of his right to file a supplemental brief within 

30 days of July 1, 2024. On July 1, 2024, this court also sent a 

letter to C.R. informing him that he may, within 30 days, “submit 

a supplemental brief or letter stating any grounds for an appeal, 

or contentions, or arguments which [he] wishes this court to 

consider.” C.R. did not file a supplemental brief.

We are satisfied that C.R.’s counsel has fully complied with 

her responsibilities. (Wende, supra, 25 Cal.3d at p. 441; People v. 

Kelly (2006) 40 Cal.4th 106, 119.)
5

We have reviewed the record and find no arguable issues

on appeal. Accordingly, we affirm the judgment.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED.

ROTHSCHILD, P. J.

We concur:

BENDIX, J.

WEINGART, J.