In re Jorge D.
Annotate this CaseThe juvenile court found true allegations that 17-year-old Jorge G. committed public intoxication, a misdemeanor, and minor in possession of tobacco, an infraction. Jorge argued on appeal that: (1) there was insufficient evidence he was publicly intoxicated and the detaining officer did not comply with Penal Code section 647, subdivision (g); and (2) there was insufficient evidence he was a minor in possession of tobacco because a lighter is not punishable under section 308, subdivision (b). The Court of Appeal agreed with Jorge that the detaining officer did not comply with section 647, subdivision (g), and that possession of a lighter was not punishable under section 308, subdivision (b). Therefore, the Court reversed the order.
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