In re Alfredo D. CA2/8

Filed 9/11/13 In re Alfredo D. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re ALFREDO D., a Person Coming Under the Juvenile Court Law. B246998

THE PEOPLE, (Los Angeles County Super Ct. No. YJ37108) Plaintiff and Respondent,

v.

ALFREDO D.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Wayne C. Denton, Commissioner. Affirmed.

Stephen Borgo, under appointment by the Court of Appeal, for Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle and Stacy S. Schwartz, Deputy Attorneys General, Attorneys for Respondent.

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The People filed a petition (Welf. & Inst. Code, § 602) alleging that Alfredo D. committed the offenses of possession of burglary tools and receiving stolen property. (Pen. Code, §§ 466; 496, subd. (a).) The juvenile court dismissed the possession charge and sustained the petition for receiving stolen property. We affirm. FACTS At approximately 2:00 a.m., police officers responded to reports of individuals checking car door handles and entering a Ford Explorer. Upon arriving at the scene, the officers found four individuals inside the car. Alfredo was in the front passenger seat, another person was sitting in the seat behind him, and two others were lying down in the trunk area. The officers detained all four individuals, searched the car, and found a flashlight, a wire-cutter, a pair of pliers, GPS systems, skateboards, and computers inside the car. Additionally, the police found a removable center console located in the front passenger side seat, which contained a camera, sunglasses, business card, and the registration information of John Svetlik. Svetlik lived down the street from where the police found the silver Explorer. The police informed Svetlik about the items they found in Alfredo’s possession. Svetlik said the items belonged to him and that they were in his car when he checked it at 3:00 p.m. that afternoon. He then checked his car, discovered that the door had been opened, and the items found in the center console were missing from the vehicle. A petition alleging the offenses noted above was filed. At the adjudication, the People presented evidence establishing the facts previously summarized. Alfredo testified that the Explorer belonged to his friend, Crystal, who used to be his neighbor in Long Beach.1 Crystal was not called as a witness. Alfredo said he could not get in touch with her prior to the court date. He claimed that he ran into Crystal while he was walking around his neighborhood at approximately 8:00 p.m. that evening. She proposed that they “cruise around.” After dropping off Crystal’s friend in Wilmington, they had