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In re Summer M.

In re Summer M.
08:10:2006

In re Summer M.




Filed 8/9/06 In re Summer M. CA2/8








NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



SECOND APPELLATE DISTRICT



DIVISION EIGHT














In re SUMMER M., a Person Coming Under the Juvenile Court Law.



B181581


(Los Angeles County


Super. Ct. No. TJ14471)



THE PEOPLE,


Plaintiff and Respondent,


v.


SUMMER M.,


Defendant and Appellant.




APPEAL from an order of the Superior Court of Los Angeles County.


Charles Clay, III, Judge. Modified and remanded with directions.


Gerald Peters, under appointment by the Court of Appeal, for Defendant and Appellant.


Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, Tita Nguyen, Deputy Attorney General, for Plaintiff and Respondent.


We reduce a minor's conviction from grand theft to petty theft where the record lacks sufficient evidence that the theft was from the victim's person or that the amount of the property taken exceeded $400. With this modification, we affirm the juvenile court's adjudication of Summer M. as a ward of the court pursuant to Welfare and Institutions Code section 602.


FACTUAL AND PROCEDURAL BACKGROUND


Summer, a middle school student, took another student's necklace. She was charged with robbery and grand theft. The juvenile court dismissed the robbery charge, finding it unsupported.


The court sustained the grand theft charge based on the following factual findings: â€





Description Court reduce a minor's conviction from grand theft to petty theft where the record lacks sufficient evidence that the theft was from the victim's person or that the amount of the property taken exceeded $400. With this modification, court affirm the juvenile court's adjudication of Appellant's as a ward of the court pursuant to Welfare and Institutions Code section 602.
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