In re Terrance L.

Filed 5/25/10 In re Terrance L. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

APPEAL from an order of the Superior Court of Los Angeles County, Morton Rochman, Judge. Affirmed.

Johanna R. Pirko, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Colleen M. Tiedemann, Deputy Attorneys General, for Plaintiff and Respondent.

Terrance L. (Minor) appeals from the order of wardship entered following a finding by the juvenile court that he committed one count of attempted first degree burglary. (Welf. & Inst. Code, 602; Pen. Code, 664/459.) He contends there was insufficient evidence to sustain the petition and that the juvenile court erred in specifying a maximum term of confinement in addition to placing him on at home probation. We affirm the order.

STATEMENT OF FACTS

On August 19, 2008, Los Angeles Police Sergeant Renee McAlonis was alone in her townhouse, which was in a gated community in Valley Village. At approximately 7:00 p.m., she got out of the shower and heard a knock at her door. McAlonis looked through the peephole and saw a Black male standing at her door, wearing a black shirt. She did not answer the door. As she went to put on some clothes, she heard the front window open and strike a bar that prevented the window from opening any further. She then saw some fingers coming through the blinds of the partially open window. She called 911 but was unable to get through. When McAlonis opened her door, she saw the same male talking to her neighbor. She asked him what he was doing on her property and asked him to leave. He said, Fuck you, bitch, and took off running. McAlonis called the North Hollywood police division and ran after the male. A few minutes later, helicopters and police cars arrived. When McAlonis returned to her house, she saw a two- to three-inch cut in her window screen which had not been there before she saw the male knocking at her door. After Minor was detained, she identified him as the male at her door. She also identified him at the adjudication.

Los Angeles Police Officer Larry Cameron testified that on August 19, 2008, he responded to a radio call regarding a male Black with black clothing and a red backpack. A short distance away from McAloniss townhouse, he saw an individual fitting that description walking towards him and detained him. Minor told Officer Cameron that he was selling papers and that he had entered the gated complex when a person had exited. When he knocked on McAloniss door, she came out and told him to leave because he was not welcome at the location. Minor knocked on the door of McAloniss neighbor. Minor said McAlonis came out of her apartment, confronted him, repeated that he had to leave, and called the police. Officer Cameron did not find a knife in the backpack or dust McAloniss window for fingerprints.

The defense called Jorge Montoya, Minors employer, who testified that on August 19, 2008, he picked up Minor to go to work, as he usually did. Minors job was to sell newspaper subscriptions in Valley Village and his route included the complex where McAlonis lived. Montoya dropped him off sometime after 3:00 p.m. Montoya had instructed his employees that they were to ask permission from a manager or a tenant in order to gain access to gated communities. Montoya had two forms indicating that Minor had sold two subscriptions in McAloniss neighborhood on the afternoon of the incident.

DISCUSSION

I. Sufficiency of the Evidence

Minor contends there was insufficient evidence to sustain the juvenile courts finding that he committed attempted burglary. He argues the case against him was based entirely on circumstantial evidence and that nothing but unfounded suspicion supports the conclusion that he, rather than a third party, attempted to burglarize McAloniss townhouse.

On appeal, we review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence that is reasonable, credible and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] (People v. Snow (2003) 30 Cal.4th 43, 66.) The same standard applies in cases in which the accuseds guilt is established mainly by circumstantial evidence (ibid.) and when we review sufficiency of evidence claims in juvenile proceedings. (In re Babak S. (1993) 18 Cal.App.4th 1077, 1088-1089.)

Burglary involves the act of unlawful entry accompanied by the specific intent to commit grand or petit larceny or any felony. (Pen. Code, 459; [citation].) One may be liable for burglary upon entry with the requisite intent, regardless of whether the felony or theft actually committed is different from that originally contemplated, or whether any felony or theft actually is committed. [Citation.] [] In order to constitute burglary, the defendant must intend to commit the theft or felony at the time of entry. [Citation.] However, the existence of the requisite intent is rarely shown by direct proof, but may be inferred from facts and circumstances. [Citation.] (In re Matthew A. (2008) 165 Cal.App.4th 537, 540-541.) An attempt to commit a crime consists of two elements: a direct but ineffective step toward committing the target offense and the specific intent to commit the target offense. (CALCRIM No. 460.)

McAlonis testified that she heard her window open and saw fingers coming through the blinds soon after she saw Minor through her peephole. When asked if she could see the color of the fingers coming through the window, she said Black. She also identified Minor as the male she confronted outside her door and testified that he ran away when she did so. The fact finder was not required to believe Minors testimony that he was simply selling magazine subscriptions or his conflicting claim that McAlonis answered the door after he knocked. The fact that she did not likely caused Minor to believe no one was home. Moreover, the evidence of his flight supported an inference of consciousness of guilt. (People v. Wallace (2008) 44 Cal.4th 1032, 1074.) Contrary to Minors assertions, Officer Cameron did not testify that Minor surrendered voluntarily; only that he apprehended Minor after he saw Minor emerge from between two buildings and walk in his direction. There was sufficient evidence to support the finding that it was Minor who attempted to enter the window to McAloniss townhouse.

II. The Specification of a Maximum Term of Confinement

Minor claims that when the juvenile court placed him on probation it erroneously specified a maximum term of confinement. A review of the record reveals that he is mistaken. He cites a minute order dated April 6, 2009, which reflects the courts finding sustaining the petition. A box on the order is checked and states that the maximum term of confinement is not to exceed three years. This was an error for two reasons. First, after examining the reporters transcript, we discovered that the court made no such order. Second, on April 6, the court handled only the adjudication and transferred the matter to another department for disposition.

At the May 8, 2009 disposition, the court placed Minor on probation. The reporters transcript and minute order for that date reflect that the court did not specify a maximum term of confinement. Thus, there is no basis for Minors complaint.

DISPOSITION

The order of wardship is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

SUZUKAWA, J.

We concur:

EPSTEIN, P.J.

MANELLA, J.

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