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In re D.W.

In re D.W.
06:14:2006

In re D.W.



Filed 5/10/06 In re D.W. CA1/3


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

















In re D. W., a Person Coming Under the Juvenile Court Law.




THE PEOPLE,


Plaintiff and Respondent,


v.


D. W.,


Defendant and Appellant.



A110732


(Alameda County


Super. Ct. No. J189001)



D. W. timely appeals from a June 27, 2005 order of the juvenile court. The judge continued D. as a ward of the court after finding at a contested jurisdictional hearing he committed first degree residential burglary, in violation of Penal Code 459. D. contends there was insufficient evidence to support the juvenile court's finding. We conclude the evidence was sufficient to convince a rational trier of fact, beyond a reasonable doubt, that D. W. committed first degree burglary. Accordingly, we affirm.


BACKGROUND


On May 6, 2005, Josie Balao came home after a graveyard shift and went to bed about 9:00 a.m. in her home at 1918 Cyclamen Court, Hayward. At around 1:20 p.m., Balao's 16-year old son woke her to ask if he could go out with friends. Shortly after he left, Balao heard the sound of a window breaking downstairs, followed by the sound of breaking dishes. She closed and locked her bedroom door, then called 911. From downstairs, Balao heard the â€





Description A decision regarding first degree residential burglary by a juvenile.
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