Fare v. Tanya L.

Opinion

BEACH, J.

—A petition was filed August 30, 1976, alleging that Tanya L., a minor 12 years old, falls within section 602 of the Juvenile Court Law of the State of California in that she concealed stolen property in

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violation of Penal Code section 496. The commissioner in San Bernardino found that the minor comes within section 602 but transferred the proceedings to Los Angeles since the minor was found to be a resident of that county. The petition for rehearing was denied in San Bernardino and the juvenile court in Los Angeles accepted jurisdiction of the case. The minor was placed home on probation. The minor appeals “from the judgment of the court entered on December 3, 1976, adjudging said minor to be within the jurisdiction of the juvenile court and to be a dependent child of such court.”

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Facts:

Karen Irene Donner left her purse unattended in a ladies restroom at Cal Poly Pomona for five minutes on May 12, 1976. The purse was turned into the lost and found but her wallet, credit cards, check guarantee cards, etc., were missing. Her Mastercharge card was used later that day, without Miss Donner’s permission, by the sister of appellant minor. Inell, appellant’s sister, signed various receipts “Karen I. Donner” at the Montclair Show Off, a junior teen sportswear shop, at the Montclair Plaza. Since the purchases totalled more than $50, the employee at the store had to call Mastercharge for authorization. She delayed the girls until the police arrived. Tanya had been with her sister when the cards were signed, and another girl was there too. The store employee was sure that Tanya brought clothes to the counter.

After noticing a disturbance at the Show Off, the store manager at a nearby shoe store in the Montclair Plaza went to the Show Off. Inell had previously signed Miss Dormer’s name to the sales slips at the shoe store. The store manager identified Tanya as being in the store, but she testified that Tanya did not purchase anything.

Inell admitted to Officer Richard Drake that she had signed the sales drafts. Additional property was recovered from the trunk area of the vehicle the girls had been using. The car evidently belonged to Gail L., the 21-year-old sister of Inell and Tanya.