Kirkpatrick v. Michael B.

Opinion

FLEMING, J.

Nine-year-old Michael B. appeals the order of the juvenile court declaring him a ward of the court under Welfare and Institutions Code section 602.

1

The court based its order on a finding that Michael committed a burglary in violation of Penal Code section 459.

[445]

Evidence

Richard Lewis testified that on 16 April 1974 he parked and locked his 1967 Mercedes Benz automobile in the parking area of his apartment building on North Maltman Avenue in Los Angeles. On his return to the automobile he found the outside rearview mirror broken off, the antenna bent, and the windwing pried open. Lewis gave no one permission to enter his automobile.

Police Officer John Murphy testified that on 16 April 1974 he was searching for a missing juvenile, Michael B., in the area of Bellvue Park, where Michael had been seen riding a purple, girl’s bicycle. Murphy saw Michael hiding behind a shed in the park and asked him for his name and the whereabouts of the bicycle he had been riding. The boy showed the officer the bicycle in the bushes. Murphy took Michael into custody and advised him of his constitutional rights to silence and to counsel. Michael said he had heard his rights before and understood them, he did not want counsel, and he wanted to talk. At the police station, Murphy asked Michael where he had been the night before. Michael said he had been with friends, and they had gone into three or four cars on Maltman Avenue near the park. He then took Murphy to Richard Lewis’ Mercedes Benz, told him he had broken off the rearview mirror so he could get' his hands in to pry open the windwing and' that when he had done so, one of his friends reached inside and unlocked the door. They took a package of cigarettes, the only thing they could find of value.

Murphy asked Michael if he knew right from wrong, if he knew it was wrong to break into cars and steal. Michael said yes. Murphy asked Michael how he would feel if someone took something that meant a lot to him. Michael said he never had anything that meant a lot to him, so it really didn’t matter.