In re Jose H. CA2/1

── In re Jose H. CA2/1 ── Court: California Court of Appeal Date: June 08, 2026 Category: General Filed 6/8/26 In re Jose H. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE In re JOSE H., a Person B345020 Coming Under Juvenile Court Law. (Los Angeles County Super. Ct. No. IJ0945A) THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. JOSE H., Defendant and Appellant. APPEAL from an order of the Superior Court of Los Angeles County, Pamela Villanueva, Judge. Affirmed. Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant.  Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Maggie K. Lee, Deputy Attorneys General, for Plaintiff and Respondent. __________________________________ In the proceedings below, the juvenile court sustained a petition filed under Welfare and Institutions Code section 602, alleging defendant and appellant Jose H. violated Penal Code section 25400, subdivision (a)(2), which prohibits carrying concealed a “firearm capable of being concealed upon the person.” In pertinent part, Penal Code section 16530 defines a “firearm capable of being concealed upon the person” as a firearm with a barrel less than 16 inches in length. On appeal, Jose argues we must reverse because substantial evidence does not support a finding that the gun Jose was allegedly carrying had a barrel less than 16 inches in length. The Attorney General disagrees, contending footage from the arresting officer’s body-worn camera that was played at the adjudication hearing demonstrates the length of the firearm’s barrel was less than 16 inches.1 We agree and affirm. FACTUAL AND PROCEDURAL BACKGROUND In December 2024, the People filed a petition under Welfare and Institutions Code section 602 alleging that, in October 2024, when Jose was 17 years old, he violated Penal 1 In the People’s initial brief, they agreed with Jose that substantial evidence did not support the finding. Upon our request for further briefing, however, they withdrew their concession. 2 Code section 25400, subdivision (a)(2) by unlawfully carrying a concealed and unregistered firearm. Jose entered a denial, and the court adjudicated the petition in January 2025. Officer Marvin Pena testified that, on the night in question, he was driving in a marked police car on patrol with his partner when they saw a group of approximately 10 individuals in the middle of the street. Pena’s attention was drawn to Jose because “he was wearing a hoodie” and “the front . . . pocket [of the] hoodie had a heavy L-shaped object that resembled a firearm, weighing down his pocket.” Pena testified that no part of the object was “sticking out from the hoodie” and “the entirety of that heavy object in his hoodie was concealed within his jacket.” When Jose saw the police car driving toward him, he “got nervous,” “turn[ed] his body away from our direction, so we won’t see the front of him,” and “tried to walk into one of the residences.” None of the other individuals walked with him. Pena walked toward Jose and saw him duck down in front of a vehicle near the “front license plate area,” then stand back up and walk toward Pena. No one was near Jose when he ducked down and, after h