In re Zachary L. CA2/7

Filed 9/24/13 In re Zachary L. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re ZACHARY L., a Person Coming B244340 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. MJ21352)

THE PEOPLE,

Plaintiff and Respondent,

v.

ZACHARY L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Akemi Arakai, Judge. Affirmed. Lynette Gladd Moore, 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. _____________________

Zachary L. was declared a ward of the juvenile court after the court sustained a delinquency petition alleging one count of arson and one count of vandalism with damage of $400 or more. On appeal Zachary contends there was insufficient evidence to support the arson finding and the court’s restitution award was improperly based on inadmissible, unreliable evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Incidents of Vandalism and Arson Between December 5, 2010 and January 17, 2011 Hillview Middle School and Rancho Vista Elementary School experienced an outbreak of small fires and other vandalism, much of it during winter break.1 The damage was initially limited to broken security lights in two classrooms and graffiti on doors, trash cans, drinking fountains and walls. However, on January 2, 2011 the maintenance department reported at least three trash cans had been set on fire, a playground slide was burned and windows in three different classrooms were broken. Although not recorded in the maintenance department’s damage report, a portable toilet was also set on fire and a lounge window broken. During one of the incidents a school maintenance worker noticed a group of students trespassing on school grounds and photographed them. Zachary, then 11 years old, was one of the students identified in the picture. Zachary gave a written statement to Rancho Vista Vice Principal Deborah Rutkowski-Hines in which he admitted being involved in arson and “some other stuff,” including broken windows, fires, broken lights and the theft of $2 from a classroom. He wrote, “I feel really really bad about everything. I wish I never did this at all.” Zachary provided the names of the other students who had participated in the vandalism with him. After Zachary gave his written statement, he was interviewed by Los Angeles County Deputy Sheriff Omar Chavez. Prior to being questioned Zachary was advised of his right to remain silent, to the presence of an attorney, and, if indigent, to appointed