In re Ronald A.
Filed 6/12/06 In re Ronald A. CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO
| In re RONALD A., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. RONALD A., Defendant and Appellant. | A111759 (Contra Costa County Super. Ct. No. J05-00704) |
Introduction
Ronald A. appeals from a judgment of the Contra Costa County Juvenile Court adjudging him a ward of the court (Welf. & Inst. Code, § 602). Following a contested jurisdictional hearing, the court sustained a petition charging appellant with first degree residential burglary (Pen. Code, §§ 459/460, subd. (a)–count 1) and misdemeanor receiving stolen property (Pen. Code, § 496, subd. (a)–count 2). On September 21, 2005, the court placed appellant on probation in his father's home with conditions, including that appellant serve two days in juvenile hall, and ordered restitution.
Appellant filed a timely appeal, contending that (1) substantial evidence does not support the finding that appellant, who was 12 years old at the time of the crime, knew the wrongfulness of his acts (Pen. Code, § 26), and (2) the case must be remanded to allow the court to exercise its discretion to determine whether the burglary was a misdemeanor or a felony for purposes of sentencing (Welf. & Inst. Code, § 702; Cal. Rules of Court, rule 1488(e)(5)). We shall affirm.
Statement of Facts
On February 23, 2005, around 3:49 p.m., William Mosley saw a group of young boys across the street from his Pittsburg home. He identified appellant as one of the boys. He saw the boys passing around and posing with a handgun. Mosley immediately called the police, who arrived in five minutes.
When Pittsburg Police Officer Kirk Sullivan arrived on the scene, he saw three boys, C.B., G.H. and appellant, on Heron Drive near where Mosley had seen them. When Sullivan asked the boys if they had a gun, one boy, C.B., started to reach into his pocket. Sullivan stopped him, reached into C.B.'s pocket himself, and retrieved a loaded .380 Sauer pistol. Sullivan also found $20.17 in change, some See's candy, and a standard house key on C.B. Sullivan ascertained from the serial number of the gun that it belonged to a Heron Drive resident. Sullivan arrested C.B. and placed him in a patrol car. Sullivan retrieved a packet of Marlboro cigarettes and a hand-held lighter from G.H., and a small metal tin containing Reese's peanut butter cups from appellant.
Sullivan asked appellant, â€
