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In re Jason I

In re Jason I
03:04:2006

In re Jason I


Filed 2/23/06 In re Jason I. CA4/2


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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






FOURTH APPELLATE DISTRICT







DIVISION TWO
























In re JASON I., a Person Coming Under the Juvenile Court Law.




THE PEOPLE,


Plaintiff and Respondent,


v.


JASON I.,


Defendant and Appellant.



E037898


(Super.Ct.No. RIJ105894)


OPINION



APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. Affirmed.


Law Offices of E. Thomas Dunn, Jr., and E. Thomas Dunn, Jr., for Defendant and Appellant.


Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons and Garrett Beaumont, Senior Assistant Attorneys General, and Gil Gonzalez, Supervising Deputy Attorney General, for Plaintiff and Respondent.


Following a jurisdictional hearing, the juvenile court found true that minor had committed vandalism causing over $400 in damages (Pen. Code, § 594, subd. (b)(1)). Minor was subsequently placed on probation in the custody of his parents on various terms and conditions, including that he pay restitution for the damage he had caused. On appeal, minor contends (1) there was insufficient evidence to sustain his conviction, and (2) his trial counsel rendered ineffective assistance by failing to have an expert testify about the photograph identifications. We reject these contentions and affirm the judgment.


I


FACTUAL AND PROCEDURAL BACKGROUND


In February 2003, Alan Davidson, the head custodian facilities manager at Santiago High School in Corona, had worked for the school district for 29 years and was in charge of keeping the school in a state of repair and reporting any vandalism. At the close of the day on Friday, February 7, 2003, Davidson inspected the school grounds and noted everything appeared to be intact. The school appeared to be undamaged on Saturday as well, when Davidson stopped by to conduct an inspection of the school. It was the start of a three-day weekend; the students were scheduled to be off on Monday.


On Monday, February 10, 2003, Davidson arrived at the school between 10:00 and 11:00 a.m. to conduct an inspection of the school and noticed the school had been severely vandalized. He observed that various buildings on the school grounds had been tagged with spray paint; the tagging (approximately 40 in all) contained the letters â€





Description A decision regarding vandalism.
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