People v. Gaspar D.

Opinion

a vehicle (Pen. Code, § 459), declared him a ward, and placed him with his parents. Gaspar contends the court improperly suspended his driver’s license (Veh. Code,

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§ 13350) as a condition of probation. We affirm.

Facts

About 2 a.m. on May 8, 1992, Erin Edwards heard a car outside her home. A blue car with a white top was parked across her driveway. A man was sitting in it. In the driveway was the car Erin’s sister Anita used. Gaspar was sitting in that car.

Erin woke her mother, Opal Powell, and called the police. When Powell opened the garage door, Gaspar ran and entered the blue and white car, sitting in the front passenger seat. The car left. Before the police arrived, it drove by the house at least twice. One time, Gaspar and his companion alighted and ran around.

When San Diego Police Officer Stephen Connolly arrived at the scene, he found broken window glass in the driveway. The stereo had been removed from Anita’s car.

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About a quarter mile away, Connolly pulled over a car meeting Erin and Powell’s description. Gaspar was the passenger. In the car was a cassette tape belonging to Anita. On the passenger’s side floorboard were a crow bar, two pairs of pliers, and two screwdrivers. In the trunk was the stolen car stereo. Connolly took Erin to the scene of the stop. As they turned the comer, she noticed another car had been broken into. She identified Gaspar as the person she had seen take the stereo, run, and enter the blue and white car.

Discussion

Gaspar contends the court improperly suspended his driver’s license under section 13350 because the evidence failed to show a nexus between the offense and the use of a vehicle.

Section 13350, subdivision (a)(2) provides in pertinent part:

“(a) The [Department of Motor Vehicles] immediately shall revoke the privilege of any person to drive a motor vehicle upon receipt of a duly certified abstract of the record of any court showing that the person has been convicted of any of the following crimes or offenses: