Delinquency Case Law

In re Kelly W. (Jan. 22, 2002) 95 Cal.App.4th 468 [115 Cal.Rptr.2d 536]. Court of Appeal, Second District, Division 6.

The juvenile court adjudicated a child a ward of the court for violating Penal Codes sections 647(f) (public intoxication) and 148.9 (giving false information to a police officer) and Welfare and Institutions Code section 871(c) (willful failure to return to custody). The child was in the custody of a youth center and obtained a day pass to leave the facility and go to his mother's home. He never returned to the center, a warrant was issued, and a police officer found the child passed out on the street intoxicated. The child told the officer that his last name was "K" and his correct birthdate. The child was cooperative, and the officer took him to the hospital before taking him to juvenile hall. The juvenile court found that the child gave the officer the wrong name. On the child's birth certificate, the child's last name appears as "W-K." In the courtroom the child was referred to as "W," his mother's surname. The child contended that there was insufficient evidence to prove that he falsely identified himself to a police officer.

The Court of Appeal reversed the decision of the juvenile court only with respect to the charge of false identification. The appellate court's task is to review the record in the light most favorable to the judgment to determine whether it discloses substantial evidence that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. The child argued that he gave the last name "K" because that is the last name on the certificate. The court found that the child gave a false name because he did not say his last name was "W-K." However, the prosecution failed to show that "K" was a false name or that of another person. Also, the prosecution failed to prove that the child intended to evade the process of the court or to evade proper identification. The child was cooperative and gave his correct birthdate, and there was no evidence that the police were unable to trace his warrant. The child gave the officer information that allowed the officer to identify him.

Justice Yegan dissented, noting that the child had been arrested, adjudicated a delinquent, placed on probation, remanded to custody, and given a day pass all under the name "W":"Now what could have motivated him to suddenly use only his father's last name?" The child had failed to state his hyphenated name that appears on his birth certificate and also failed to give the name used in prior contacts with law enforcement. The juvenile court therefore could have found beyond a reasonable doubt that the child gave the police officer a false name with the requisite intent in violation of Penal Code section 148.9.