In re Daniel G
Filed 5/19/06 In re Daniel G. CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(San Joaquin)
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In re DANIEL G., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. DANIEL G., Defendant and Appellant. | C049467 (Super. Ct. No. J57204) |
Following a contested hearing, the San Joaquin County Juvenile Court found that minor Daniel G. was within the provisions of Welfare and Institutions Code section 602 in that he committed first degree burglary. (Pen. Code, §§ 459, 460, subd. (a).) An allegation of misdemeanor vandalism (Pen. Code, § 594, subd. (b)(2)(A)) was dismissed with a Harvey waiver.[1] The minor's new trial motion was denied. He was adjudged a ward of the court and placed on probation on the condition, among others, that he serve 128 days in the Juvenile Justice Center.
On appeal, the minor contends (1) his new trial motion was erroneously denied, and (2) the court imposed a constitutionally invalid probation condition. We shall affirm the judgment.
FACTS
Prosecution case-in-chief
The Chaves family lived in Lockford. Between July 18 and 21, 2004, the family went on a camping trip and left their house unattended. The doors were locked but the windows were not.
About 11:30 p.m. on July 20, 2004, Victor S., a cross-street neighbor of the Chaves family, heard noises coming from the Chaves residence. Shortly thereafter, Victor saw the minor open the gate on the south side of the Chaves residence and walk from the backyard toward the street. The minor lived in the neighborhood. Victor knew the then-15-year-old minor, having grown up with his older brother. Victor asked the minor what he was doing at the Chaves residence, and he replied that he was not doing anything.
Victor saw his minor cousin, Elvis S., jumping over the fence on the north side of the Chaves residence. Victor confronted Elvis. Victor did not see either boy carrying anything. The minors said they did not take anything.
The Chaves's minor daughter was the first to return home from the camping trip. She found an unfamiliar red-and-black backpack in the middle of the living room. She opened it and discovered â€
