People v. J.R. (In re J.R.)

231 Cal. Rptr. 3d 858, 22 Cal. App. 5th 805
CourtCalifornia Court of Appeal, 5th District
DecidedApril 26, 2018
DocketH043051
StatusPublished
Cited by2 cases

This text of 231 Cal. Rptr. 3d 858 (People v. J.R. (In re J.R.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. J.R. (In re J.R.), 231 Cal. Rptr. 3d 858, 22 Cal. App. 5th 805 (Cal. Ct. App. 2018).

Opinion

ELIA, ACTING P. J.

*809The Santa Clara County District Attorney alleged in a *862Welfare and Institutions Code section 602, subdivision (a) petition that J.R., a minor, had committed burglary ( Pen. Code, §§ 459 - 460, subd. (a) )1 , attempted to unlawfully drive or take a vehicle without the owner's consent ( Veh. Code, § 10851, subd. (a) ), and possessed burglary tools (§ 466). After a contested jurisdictional hearing, the juvenile court found true the allegations that the minor had attempted to violate Vehicle Code section 10851, subdivision (a) and had violated section 466. At the dispositional hearing, the juvenile court continued the minor as a ward of the court and placed him on probation.

On appeal, the minor contends there was insufficient evidence to sustain the allegation that he attempted to drive or take a vehicle without the owner's consent ( Veh. Code, § 10851, subd. (a) ). Alternatively, he maintains that the offense must be reduced to a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act ( Cal. Const., art. II, § 10, subd. (a) ) (Proposition 47). The minor also argues that the juvenile court committed prejudicial evidentiary error in admitting certain testimony.

This matter has been transferred here from the Supreme Court In re J .R . (S241246) with directions to vacate *810our previous decision and to reconsider the case in light of People v . Page (2017) 3 Cal.5th 1175, 225 Cal.Rptr.3d 786, 406 P.3d 319 ( Page ). In our earlier opinion, we affirmed. Among other things, we concluded that Proposition 47 did not apply to Vehicle Code section 10851. Our Supreme Court held otherwise in Page .

We hereby vacate our previous decision. Having reconsidered the cause in light of Page , we reverse and remand with directions.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Welfare and Institutions Code Section 602 , subdivision (a )Petition

The Santa Clara County District Attorney filed a Welfare and Institutions Code section 602, subdivision (a) wardship petition on September 9, 2015. It alleged that the minor committed felony first degree burglary ( §§ 459 - 460, subd. (a) ; count 1) of an occupied residence (§ 667.5, subd. (c)(21) ), felony attempted theft or unauthorized use of a vehicle (§ 664; Veh. Code, § 10851, subd. (a) ; count 2), and possession of burglar's tools (§ 466; count 3).

B. Jurisdictional Hearing

The court held a two-day contested jurisdictional hearing, at which the following evidence was adduced.

Jamie Martinez shared a Sunnyvale apartment with her three children, her boyfriend, and his brother Alexis Ayala. At about 4:30 a.m. on September 8, 2015, Martinez woke up and heard what sounded like someone removing the screen from her open bedroom window. She smelled cigarettes but did not see anything because the blinds were closed. She slammed the window closed without looking out because she was scared and went back to sleep.

Ayala also heard someone removing the screen from his bedroom window in the early hours of September 8, 2015. He recognized the noise because it had happened to him previously. He yelled and stuck his head out the window. No one was there but the screen was missing. Ayala called 9-1-1.

Sean Mula, a Sunnyvale police officer, responded to Ayala's call. He observed *863that the screens to the bedroom windows had been removed and were sitting on the ground outside.

Ayala woke his brother and Martinez when Mula arrived. Martinez told Mula what she had observed earlier that morning. While Mula was present, Martinez realized that her iPhone, which had been on the window sill, was missing.

*811Emmett Larkin, a Sunnyvale police lieutenant, testified that he responded to a call regarding a residential burglary at about 4:30 a.m. on September 8, 2015. As he approached the area of the reported burglary, he observed an individual standing on the sidewalk in the shadows of a tree, which he considered suspicious. Larkin exited his vehicle to contact the individual. As he approached, he observed a second person, J.C., kneeling on the sidewalk with his torso leaning into the open driver's door of a dark-colored Honda Accord. Larkin ordered the individuals to get on the ground and show him their hands. As they complied, Larkin noticed a third person in the car's rear passenger seat and saw that the rear passenger side door was open as well. That third individual, whom Larkin identified in court as the minor, also complied with the order to get to the ground.

Larkin opined that the first individual he had observed was acting as a lookout. That individual smelled of cigarettes and was found in possession of Martinez's iPhone.

Backup arrived, including Officer Corinne Abernathy, who searched the minor with his consent. She found a screwdriver and a roll of coins in his pockets and a box of latex gloves and binoculars in his backpack. Abernathy testified that screwdrivers, gloves, and binoculars are typical burglary tools that can be used to break in to a vehicle or home. After searching the minor, Abernathy spoke to him about the incident. He told her he and two friends were hanging out and smoking cigarettes. While they were walking, he noticed that the Honda was unlocked. He took the roll of coins and screwdriver he was carrying from that vehicle. Unprompted, the minor told Abernathy that he did not intend to steal the car.

Alfredo Rivera testified that he drove a dark blue 1991 Honda Accord, which he parked outside his home on the evening of September 7, 2015 with the doors locked and windows closed. Rivera was in the process of buying the car from his cousin for $600. He had paid $300 as of September 7, 2015. The vehicle's title remained in his cousin's name. On the morning of September 8, 2015, police officers knocked on his door and informed him that his car had apparently been broken into. Rivera inspected the car with the officers. The passenger side windows were partially rolled down, and one would not roll back up all the way as it previously had. The rear passenger window was rolled down several inches. There was no damage to the door handles or any other obvious signs of forced entry. The steering column panel was detached and wires were exposed. The car would not start. Rivera had not previously had any issues starting the vehicle. Rivera testified that he did not leave latex gloves or a screwdriver in the car.

Sunnyvale police detective Karin Jenks testified that she interviewed the minor on the morning of September 8, 2015.

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Cite This Page — Counsel Stack

Bluebook (online)
231 Cal. Rptr. 3d 858, 22 Cal. App. 5th 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jr-in-re-jr-calctapp5d-2018.