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In re Rafael C.

Motion to suppress photographic evidence found on minor's cell phone properly denied where school officials' search of phone is reasonable.





Cite as

2016 DJDAR 3883

Published

Apr. 25, 2016

Filing Date

Apr. 21, 2016


In re RAFAEL C.,

a Person Coming Under the Juvenile Court Law.

 

 

THE PEOPLE,

Plaintiff and Respondent,

v.

RAFAEL C.,

Defendant and Appellant.

 

No. A143376

(Contra Costa County

Super. Ct. No. J1400437)

California Courts of Appeal

First Appellate District

Division Five

Filed April 21, 2016

 

 

     It is ordered that the opinion filed herein on March 25, 2016, be modified as follows:

    

On page 20, delete the first sentence of line 2, which reads:  ?It found notice had been given as required by law.?

    

The petition for rehearing is denied.  The petition ?restates arguments that were raised and considered on appeal.?  (Gentis v. Safeguard Business Systems, Inc. (1998) 60 Cal.App.4th 1294, 1308.)  In addition, the petition seeks to raise arguments not included in appellant?s briefs.  (Reynolds v. Bement (2005) 36 Cal.4th 1075, 1092 [arguments cannot be raised for first time in petition for rehearing].)  The court notes the petition improperly cites unpublished case law.  (Cal. Rules of Court, rule 8.1115(a) [?an opinion of a California Court of Appeal . . . that is not certified for publication or ordered published must not be cited or relied on by . . . a party in any other action?].)

    

There is no change in judgment.

 

 

Dated ________________               

_____________________________ P.J.

 

Superior Court of the County of Contra Costa, No. J1400437, Rebecca C. Hardie, Judge.

 

Amanda K. Roze, under appointment by the Court of Appeal, for Defendant and Appellant.

 

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Acting Senior Assistant Attorney General, Donna M. Provenzano and Laurence K. Sullivan, Supervising Deputy Attorneys General for Plaintiff and Respondent.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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