In re K.B. CA3

Filed 10/28/24 In re K.B. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re K.B., a Person Coming Under the Juvenile Court C099350 Law.

THE PEOPLE, (Super. Ct. No. JV142420)

Plaintiff and Respondent,

v.

K.B.,

Defendant and Appellant.

Minor K.B. appeals from the juvenile court’s order finding true that she violated Vehicle Code section 10851, subdivision (a) and Penal Code section 496d, subdivision (a). She argues that the evidence was insufficient to support the findings. Having reviewed the record, we affirm the judgment.

1

BACKGROUND The amended wardship petition filed against minor alleged felony unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count one), felony receipt of a stolen car (Pen. Code, § 496d, subd. (a); count two), misdemeanor driving a vehicle without a valid driver’s license (Veh. Code, § 12500, subd. (a); count three), and misdemeanor failure to stop at the scene of an accident (Veh. Code, § 20002, subd. (a); count four). At the contested jurisdictional hearing in August 2023, victim K.G. testified that she drove her mother’s car, a white 2018 Hyundai Sonata, at around 9:00 p.m. on March 30, 2023. When K.G. tried to leave for work the next morning, the car was not there. She reported the car as stolen to law enforcement. Neither she nor her mother knew minor; neither gave minor permission to drive the car. The arresting officer testified that he was on patrol at 10:30 p.m. on March 31, 2023, when he received a “pod hit” notice for a stolen white 2018 Hyundai Sonata. A camera that scans license plates had filmed the car at a nearby intersection. The officer approached the intersection, saw the car, and began to follow it. He noticed that minor was the driver. The officer eventually initiated a stop by activating his overhead emergency lights and forward-facing red light. The car was “slow to yield” and turned onto a different street. When the officer got behind the car, it “quickly” turned into a nearby parking lot. The car then started to make a U-turn but collided with a building. Four male passengers got out of the car and ran away in a southbound direction. The officer saw minor exit the car from the driver’s seat and run in a westbound direction. The officer followed minor and detained her after she tripped and fell. Minor said that she did not want to go to jail and asked to call her grandmother. She did not deny that she was driving the car. At the time of the incident, minor was 14 years old, younger than the legal age to obtain a driver’s license.