In re J.S. CA3

Filed 10/10/13 In re J.S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re J.S., a Person Coming Under the Juvenile Court C070994 Law.

THE PEOPLE, (Super. Ct. No. JV131788)

Plaintiff and Respondent,

v.

J.S.,

Defendant and Appellant.

Following a contested jurisdiction hearing, the Sacramento County Juvenile Court found that minor J.S., age 12, was described by Welfare and Institutions Code section 602 in that he committed attempted first degree burglary (Pen. Code, §§ 459, 460, subd. (a), 664—count one), second degree burglary (Pen. Code, §§ 459, 460, subd. (b)— counts two, three, six & eight), receiving stolen property (Pen. Code, § 496, subd. (a)— count four), destroying property (Pen. Code, § 594, subd. (b)(2)(A)—counts five & seven), vandalism (Pen. Code, § 594, subd. (b)(1)—count nine), negligent discharge of a

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firearm (Pen. Code, § 246.3—count ten), and possession by a minor of a concealable firearm (former Pen. Code, § 12101, subd. (a)(1), repealed by Stats. 2010, ch. 711, § 4, now Pen. Code, § 29610, added by Stats. 2010, ch. 711, § 6—count eleven). The court found the minor knew his actions in August 2010 and April 2011 were wrong within the meaning of Penal Code section 26. Following a contested disposition hearing, the court adjudged the minor its ward, committed him to juvenile hall for a period already served, and committed him to the probation department for Level A placement with a maximum confinement term of seven years. The minor was ordered to make restitution to the victims of his conduct. On appeal, the minor contends (1) count eleven is not supported by sufficient evidence of knowing possession of a concealable firearm, (2) the Penal Code section 26 finding on count eleven is not supported by sufficient evidence he knew his conduct was wrong, and (3) the juvenile court failed to determine whether counts four and eleven were felonies or misdemeanors. We remand for the requisite determination. FACTS1 Count Four—Receiving Stolen Property, April 10, 2011 The minor and R.B. rode their bicycles to David Reese Elementary School. The two hopped through an open classroom window and began placing electronics into bags. Then they went to another classroom and sprayed a fire extinguisher. The duo also stole sweatshirts from a hallway cabinet and food from a school refrigerator. When finished, they departed through the open window and rode away from the school. Sacramento County Sheriff’s Deputy Brian Prehoda was investigating an armed robbery when he saw the minor and R.B. riding bicycles in the parking lot of David Reese Elementary School. Prehoda followed the boys and activated his overhead lights.