In re J.A. CA5

Filed 8/27/13 In re J.A. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re J.A., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F065390

Plaintiff and Respondent, (Super. Ct. No. JJD065276)

v. OPINION J.A.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Hugo J. Loza, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Detjen, J.

The court adjudged appellant, J.A., a ward of the court (Welf. & Inst. Code, § 602) after it sustained allegations charging him with receiving stolen property (Pen. Code, § 496d, subd. (a))1 and resisting arrest (§ 148, subd. (a)(1)). On appeal, appellant contends the evidence is insufficient to sustain the court’s true findings as to each of these offenses. We affirm. FACTS At 10:00 p.m., on May 28, 2012, Daniel Ramos parked his Ford Thunderbird at his house in Porterville and left the key under a seat. At 4:00 a.m., the following morning, Ramos discovered the car missing. On May 29, 2012, at approximately 4:00 p.m., California Highway Patrol Officers Kenneth McCord and Jose Benitez were in an unmarked patrol car when they located the Thunderbird in an apartment complex parking lot in east Porterville. The officers then began surveillance of the car from several hundred feet away. Shortly before 6:00 p.m., appellant and two other Hispanic males got into the Thunderbird, with appellant sitting in the front passenger seat. The officers then drove into the parking lot to stop the Thunderbird, which by that time had backed up and was ready to drive away. Officer McCord activated his patrol car’s emergency lights. The driver of the Thunderbird attempted to drive around the patrol car but Officer McCord was able to block his path. Both officers exited the patrol car with their badges and weapons at their sides, yelling, “Police officer, stop.” Initially, appellant and the other males in the Thunderbird complied with the officers’ commands not to move and to hold their hands up. However, the driver then put the Thunderbird in reverse and revved up the motor, which caused the vehicle to crash through an apartment wall into the apartment’s living room.