People v. Terry S.

California Court of Appeal May 21, 1981 No. Civ. 19938Published

Before: Paras

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Holding. The court affirmed the juvenile court's order, holding that the evidence was sufficient to support the finding of receiving stolen property, that the minor's silence in the face of an accusatory statement constituted an adoptive admission, and that there is no constitutional right to a jury trial in juvenile proceedings.

Issues

Whether the evidence was sufficient to sustain the petition for receiving stolen property.
Whether the trial court erred in admitting hearsay evidence as an adoptive admission.
Whether the minor is entitled to predisposition behavior credits.
Whether the minor was entitled to a jury trial in a juvenile proceeding.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The statements were admissible as an adoptive admission under Evidence Code section 1221.”

“There is no state or federal constitutional right to a jury trial in a juvenile proceeding.”

“The foregoing factual summary constitutes substantial evidence to support the finding that Terry received stolen property.”

[90]

Opinion

PARAS, J.

Terry S., a minor, appeals from an order continuing him a juvenile court ward after it was found he had received stolen property.

(Pen. Code, § 496.) He contends (1) the evidence is insufficient to sustain the petition, (2) error in the admission of hearsay evidence as an adoptive admission, (3) he is entitled to predisposition behavior credits, and (4) error in denying his request for a jury trial.

Evidence adduced at the jurisdictional hearing showed that two shotguns, a rifle, and a box of ammunition were taken on May 5, 1980, in a burglary of Mary Ellen Smith’s home at 6554-23d Street in Sacramento. The time of the taking was between 8:45 a.m. and 4:15 p.m. Smith testified that one of the shotguns was normally kept in a black and green vinyl case and the other in a tan case.

At about 2:15 p.m., Smith’s neighbor, Marian Miller, observed two boys (a driver and a passenger) ride up to the Smith house on a bicycle. She described them as male blacks about 13 to 15 years old, with slight to medium builds. She did not recognize them. When they reached the front of the Smith house, the passenger jumped from the bicycle, ran to the front of the Smith garage, and without searching took what appeared to be a rifle and a package from bushes located there. He then ran back to and mounted the bicycle, and the two boys rode off. At the corner they met Jimmy M.; with a smile of apparent recognition, the three boys then departed together.

Fourteen-year-old Jimmy M. testified that on the afternoon of May 5, while at Alonzo P.’s house about a half city block from the Smith residence, Alonzo told him that he (Alonzo) and Terry had burglarized a house up the street and had concealed a rifle in the bushes in front of the house. Alonzo asked Jimmy to help Terry and Alonzo retrieve the stolen property, and Alonzo offered Jimmy a shotgun in return for his assistance. Jimmy declined to help. Terry was present during this conversation, but did not speak.

Jimmy further testified that he saw Alonzo retrieve something from the bushes in the front of the Smith house and while Alonzo was retrieving it, Terry was on the sidewalk across the street about 32 feet

People v. Terry S.

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PARAS, J.

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