People v. P.A.

211 Cal. App. 4th 23, 149 Cal. Rptr. 3d 300, 2012 Cal. App. LEXIS 1186, 2012 WL 5520729
CourtCalifornia Court of Appeal
DecidedNovember 15, 2012
DocketNo. E053608
StatusPublished
Cited by44 cases

This text of 211 Cal. App. 4th 23 (People v. P.A.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. P.A., 211 Cal. App. 4th 23, 149 Cal. Rptr. 3d 300, 2012 Cal. App. LEXIS 1186, 2012 WL 5520729 (Cal. Ct. App. 2012).

Opinion

Opinion

KING, J.

I. INTRODUCTION

Following a confrontation between two groups of students at a high school in Moreno Valley, defendant and appellant P.A. (Minor) refused to comply [27]*27with an order by a Riverside County Sheriff’s deputy to disperse and return to class. When he behaved in a defiant and threatening manner toward the deputy, he was arrested.

The Riverside County District Attorney filed a petition alleging that Minor came within the jurisdiction of the juvenile court under section 602 of the Welfare and Institutions Code based on two paragraphs: Minor attempted, through threats and violence, to deter or prevent a sheriff’s deputy from performing his duty, a felony (par. 1; Pen. Code, § 69), and misdemeanor resisting arrest (par. 2; Pen. Code, § 148, subd. (a)(1)). Following a contested jurisdiction hearing, the court found the allegations true.

At a subsequent disposition hearing, the court reduced the felony count to a misdemeanor. The court then declared Minor a ward of the court and placed him in the care, custody, and control of the probation officer. The court ordered Minor to be committed to juvenile hall for two days (which he had already served), to perform 50 hours of community service, and to pay a restitution fine. Minor was continued in the physical custody of his parents and placed on probation subject to numerous conditions.

On appeal, Minor requests that we review the arresting deputy’s personnel records, which were produced and reviewed in camera pursuant to a Pitchess1 motion, to determine whether the court erred in finding no discoverable items in the records. He also argues that we should strike the court’s statement at the jurisdiction hearing of a maximum term of confinement for Minor’s offenses. Finally, he challenges five conditions of his probation.

We have reviewed the records pertaining to the Pitchess motion and conclude that the trial court’s determination was not an abuse of discretion. Because the court’s statement of a maximum term of confinement was made at the jurisdiction hearing, not at the disposition hearing, we reject Minor’s request to strike the statement. Regarding the probation conditions, we: reject Minor’s argument regarding a condition requiring that he submit to blood, breath, or urine tests for the presence of alcohol or controlled substances; agree with Minor that a restriction on moving is unconstitutionally overbroad; and agree that certain other conditions should be modified to conform to the requirements of due process.

[28]*28II. FACTUAL SUMMARY

A. Prosecution Evidence

Michael Galvan is a deputy sheriff assigned to the gang special enforcement team in Moreno Valley. On November 5, 2009, he was in uniform and assigned to extra patrol at a local high school. About 1:00 p.m., he received a call that several groups were confronting one another in the “mid-quad” area of the school. Classrooms are located approximately 25 feet from the middle of this “quad.”

When he arrived at the mid-quad area, he saw approximately 200 students divided into two groups: one group of mostly Hispanic students, and another group of mostly Black students. Some students were “confronting one another, yelling back and forth. And they appeared as if they were going to fight.” He described the confrontation as a “415 on school grounds.”2

In order to avoid further confrontation between the groups, Officer Galvan and other officers attempted to disperse the crowd and get the students into their classrooms. They approached the groups and told the students to go to their classrooms. Most students complied and left the area. A few refused to disperse. He told those who remained “several times” to disperse and go to their classrooms. After a minute or so, there were still five or six students who did not leave the area. Minor was one of these.

Officer Galvan approached each of the remaining students separately and told each one individually that he or she needed to leave the area and return to his or her classroom. He asked this of Minor “several times,” but Minor refused to leave. After the third time, Minor “became visibly angry and upset and began cursing.” He said “the F word several times.” “Basically,” Officer Galvan testified, “what he was saying was, I’m not leaving.”

As Officer Galvan approached Minor, Minor clenched his fists like a boxer or fighter and held them up towards his chest. He “bladed” his feet (i.e., put one foot farther back than the other) in a “fighting stance.” Minor told Officer Galvan, “[Y]ou better not come any closer.” Officer Galvan believed that Minor would assault him if he went any closer. Officer Galvan then quickly approached Minor, turned him around, placed him in a rear wristlock, and held him against a nearby wall. Minor became irate; he cursed, screamed, yelled, and tried to pull away from Officer Galvan’s grasp.

[29]*29Another officer came to Officer Galvan’s aid. The two of them gained control of Minor’s arms and placed him in handcuffs.

B. Defense Evidence

Minor testified in his defense as follows. On the date of the incident, Minor was standing by a tree in front of his classroom waiting for his class to open. Two of his friends were nearby. Officer Galvan approached him and asked him to go to class. If his classroom had been open, he would have gone to class. Minor told Officer Galvan two or three times that he could not go to class because the classroom was not yet open.

When Officer Galvan repeated the request, Minor turned around and told one of his friends, “This is bullshit,” and “[D]oes the officers gotta be like that?” The friend responded, “[W]hy do cops gotta be like this.” At that point, his teacher opened up the classroom, and Minor started walking to his class.

Officer Galvan stopped him and said, “[C]ome here, you’re being . . . placed under arrest.” Minor turned around and, with his hands by his side, said, “[D]on’t come closer.” Minor said this because he was already by his class. Minor did not have the chance to explain that he was starting toward his class because Officer Galvan came at him, grabbed him, twisted him, and “slammed [him] against the wall.” Minor asked Officer Galvan to loosen his grip, but “he did not listen.” Minor tried to pull away because Officer Galvan’s grip was hurting him.

Minor said he never yelled; however, his “voice and tone is pretty much always up . . . .” He also admitted to saying “the F word” once: “I was, like, man, F this.” However, he believed that Officer Galvan did not hear him say that.

HI. DISCUSSION

A. Review of Officer Galvan’s Personnel File
B. Trial Court’s Statement of Maximum Term of Confinement

At the jurisdiction hearing in February 2011, the court stated that the maximum confinement with respect to paragraph 1 is three years, and the [30]*30maximum confinement as to paragraph 2 is four months.4 At the disposition hearing in May 2011, the court reduced paragraph 1 to a misdemeanor pursuant to Penal Code section 17, subdivision (b).

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Cite This Page — Counsel Stack

Bluebook (online)
211 Cal. App. 4th 23, 149 Cal. Rptr. 3d 300, 2012 Cal. App. LEXIS 1186, 2012 WL 5520729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pa-calctapp-2012.