In re Kevin A.
Filed 7/27/06 In re Kevin A. CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FOUR
| In re KEVIN A., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. KEVIN A., Defendant and Appellant. | A110992 (Humboldt County Super. Ct. No. JV050051) |
A Del Norte County juvenile petition filed in February 2005 asserting that appellant Kevin A. came within the provisions of Welfare and Institutions Code section 602 alleged second degree burglary of a vehicle, receiving stolen property, misdemeanor possession of methamphetamine, and reckless driving. Appellant admitted the possession count and the matter proceeded to a contested hearing on the remaining allegations, which the court sustained. As appellant was a resident of Humboldt County, the court transferred the case to that county for disposition. The court declared appellant a ward and placed him on probation, with the maximum time of confinement set at four years, four months and 25 days. This appeal followed. We reverse the judgment as to the reckless driving, burglary and receiving stolen property counts and affirm as to the possession count.
I. FACTUAL BACKGROUND
On the afternoon of February 3, 2005, Carl Lafazio locked his truck and went surfing at Endert's Beach. Returning to his truck around 4:00 p.m., Lafazio saw a man--later identified as David Stone--inside the truck trying to pry out the amplifier. Lafazio described the intruder as wearing a green baseball cap, green sweatshirt and blue jeans. He had curly, blondish hair, down to the collarbone.
Lafazio's truck window was shattered. He yelled at Stone, who took off running, dropping Lafazio's wallet in the process.
Stone ran to a white Jeep Cherokee. Someone standing outside the Jeep opened the door for Stone. They both jumped in and the Jeep took off. Lafazio thought there were two, maybe three, others in the Jeep with Stone.
The driver sped to a dead-end road, â€
