In re Charles G.

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In December 2015, the Contra Costa County District Attorney filed a petition alleging Charles committed felony violations of Penal Code section 29610 by possession of a firearm by a minor and of section 25400(a)(2) by having a concealed firearm on his person, and a misdemeanor violation of section 148(a)(1) by resisting, obstructing or delaying a peace officer in that officer’s performance of his duties. In August 2016, the juvenile court denied Charles’s motion to suppress evidence under Welfare and Institutions Code section 700.1 but granted Charles’s motion to reduce the firearm felony violations to misdemeanors. The court committed Charles to Orin Allen Youth Rehabilitation Facility for a six-month regular program. The court of appeal reversed as to the charge of resisting, finding insufficient evidence, but otherwise affirmed. The court rejected an argument that the statute prohibiting carrying a concealed firearm (254001) was preempted by the more specific statute that targets minors, section 29610. The statutes prohibit different conduct and Charles violated both statutes. View "In re Charles G." on Justia Law