Delinquency Case Law

In re Adrian R. (2000) 85 Cal.App.4th 448 [102 Cal.Rptr.2d 173] Court of Appeal, Second District, Division 5.

The juvenile court removed a delinquent child from the custody of his parents, aggregated the period of physical confinement, and ordered that the child be confined in a camp community placement for the maximum three years.

The child was declared a ward of the court in August 1999 for having been in possession of a concealable firearm. The juvenile court determined that the maximum period of confinement was three years. The child served 30 days in custody and an additional 20 days on a probation violation. In September 1999 the child was arrested for Health and Safety Code section 11357(e) (possession of marijuana on school grounds). The juvenile court ordered that the child remain a ward of the court and placed the child in a camp community. The child appealed.

The Court of Appeal affirmed the decision of the juvenile court. The child contended that there was insufficient evidence supporting the finding that he had possessed marijuana. The appellate court rejected the child's arguments. The dean of students testified at trial that he had found a marijuana cigarette belonging to the child and that the child had admitted possession to the arresting officer. The appellate court stated that the trier of fact is to resolve any discrepancies and that the appellate court does not make credibility determinations.