People v. Matthew A.

Opinion

FLIER, J.—

SUMMARY

The juvenile court declared appellant Matthew A. a ward of the court after finding that he had committed a first degree burglary. The court placed appellant home on probation, and set a maximum term of confinement of six years.

1

Appellant contends the evidence was insufficient to support the juvenile court’s finding he had committed burglary. In particular, he argues the evidence did not show he intended to steal at the time he entered the victim’s residence. Appellant also contends the court erred by setting a maximum term of confinement.

We strike the maximum term of confinement and affirm.

FACTS

Appellant lived in the apartment next door to Lisa Campo’s apartment. Their apartments shared attic space. On December 15, 2006, Campo locked

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her door and went to work. When she arrived home that evening, she found “a mess” throughout her living room and kitchen. Bottles of wine were empty, and yogurt had been “spread out all over” the kitchen. A camcorder, jewelry, and children’s clothing were missing. The entrance to the attic was open, though it had been closed when Campo left that morning. Appellant’s mother returned the camcorder, a pair of tennis shoes, and a pair of shorts to Campo. Campo did not give appellant permission to be in her apartment.

Appellant told Long Beach Police Detective Chih-Hang Chi that he and a friend entered Campo’s apartment through the attic. They “hung out a little bit,” ate some food, and watched television. Appellant admitted taking some clothing and a Nintendo. Appellant’s friend took some jewelry. Appellant was 12 years old at the time of the offense.

DISCUSSION

1.

Substantial evidence supports the burglary finding.