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IN RE H.H.

No. A122799.

174 Cal.App.4th 653 (2009)

___ Cal.Rptr.3d ___

In re H.H., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. H.H., Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

April 30, 2009.

Attorney(s) appearing for the Case

Melanie Martin Del Campo, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Gerald A. Engler, Assistant Attorney General, Martin S. Kaye and Ronald E. Niver, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JONES, P. J. —

Albany Police Officer Ted Allen was patrolling Albany in the late evening when he saw H.H. (the minor) riding a bicycle without proper lighting equipment in violation of the Vehicle Code. Allen detained the minor and asked him to "step from the bicycle." Then he asked the minor to "take off the backpack that [the minor] had on." As the minor took off his backpack, he said, "`I'm not on probation.'" This caused Allen...

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