In re A.C. CA2/3

Filed 9/6/13 In re A.C. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re A.C., a Person Coming Under B240082 the Juvenile Court Law. _____________________________ (Los Angeles County THE PEOPLE, Super. Ct. No. PJ47578)

Plaintiff and Respondent,

v.

A.C.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Benjamin Campos, Juvenile Court Referee. Modified and, as so modified, affirmed. Tonja R. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

By two petitions filed under Welfare and Institutions Code section 602, it was alleged that appellant A.C. had committed possession of marijuana for sale and vandalism with damage exceeding $400. (Health & Saf. Code, § 11350; Pen. Code, § 594, subd. (a).)1 Following a contested jurisdictional hearing, the juvenile court found the allegations true, sustained the petitions, declared A.C. a ward of the court, and ordered him home on probation. The judgment is affirmed as modified. BACKGROUND Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. STATEMENT OF FACTS2 On June 10, 2011, John White was working as a security officer at the Castle Park Amusement Center in Sherman Oaks. About 8:20 p.m., he was monitoring the video game area when he saw appellant A.C. and a female companion sitting “inside one of the video game consoles.”3 From 10 to 15 feet away, White “saw what appeared to be a motion of [A.C.] vandalizing one of our video games.” White testified A.C. “had his right hand next to part of the video game console in a downward motion as in to [sic] carving the video game (indicating).” The juvenile court described White‟s gesture: “He appears to be holding a small object and making downward strokes.” White testified he did not see anything in A.C.‟s hand.