In re Brendan B. CA1/4

Filed 7/11/13 In re Brendan B. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re BRENDAN B., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. BRENDAN B., A135980 Defendant and Appellant. (Mendocino County Super. Ct. No. SCUKJDSQ 10-16152)

Appellant Brendan B. was first declared a ward of the juvenile court pursuant to Welfare and Institutions Code section 602 in April 2011 and was placed on probation with various conditions, including that he not possess or consume marijuana. Since that time, appellant has violated the terms and conditions of his probation on numerous occasions. The instant appeal stems from the seventh subsequent juvenile petition filed in April 2012, alleging that then 16-year-old appellant violated conditions of his probation (count one), committed burglary (Pen. Code, § 459/460, subd. (b) [count two]), possessed stolen property (Pen. Code, § 496, subd. (a) [count three]), and resisted a probation officer in the course of his duties (Pen. Code, § 148, subd. (a)(1) [count four]). Appellant admitted to resisting arrest (count four). On May 14, 2012, following a contested jurisdictional hearing, the juvenile court found the remaining three counts true.

1

On appeal, appellant contends there was insufficient evidence to support the finding that he committed burglary. We affirm. I. FACTS A. Petitioner’s Case

1. The Burglary

About 3:00 a.m. on March 26, 2012,1 Mary Valley, the manager of Moon Lady, a clothing boutique located at 100 South Main Street in Willits, was summoned to the store. When she arrived, “the police were there and glass [was] everywhere.” A display window had been broken, and the broken glass landed “[o]n all the shelves, in the clothes, on the floor.” Missing items from the store included an expensive hemp jacket, pants, jeans, hats, t-shirts, and Metal Mulisha2 dirt bike clothing. Valley testified that the hemp jacket cost $300 and “[a]ll the kids in town want [one].” Willits Police Officer Jeffrey Andrade responded to the scene; it was obvious that a burglary had taken place, the suspect, however was unknown.