In re David R

Filed 3/30/06 In re David R. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Fresno County. Adolfo Corona, Judge.

Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

Arguing abuse of discretion on the ground of insufficiency of the evidence of residential first degree burglary, appellant David R. challenges not only the juvenile court's order denying his motion to dismiss at the contested jurisdiction hearing but also the juvenile court's order adjudicating him a ward of the court at the contested disposition hearing. (Pen. Code, §§ 459, 460, subd. (a); Welf. & Inst. Code, §§ 602, subd. (a), 701.1, 800.) The Attorney General argues the contrary. We agree with the Attorney General.

DISCUSSION

Around 7:00 a.m. on March 4, 2005, one of David's neighbors saw him enter another neighbor's camper trailer diagonally across the street from her and saw him leave the trailer and head toward school five to eight minutes later. Around 9:15 a.m., she went to her neighbor's home and told him she had seen David go inside his trailer. Both neighbors knew him. The man was aware that David had gone inside his trailer once before to look for him.

The man checked on his trailer. â€