In re Reginald W. CA2/3

Filed 11/6/13 In re Reginald W. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

In re REGINALD W., a Person Coming B245094 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. JJ18504)

THE PEOPLE,

Plaintiff and Respondent,

v.

REGINALD W.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven R. Klaif, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Remanded, otherwise affirmed. Laini Millar Melnick, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Minor and appellant Reginald W. appeals from a judgment sustaining a petition alleging he received stolen property. He contends that there is insufficient evidence he knew the property was stolen and that the trial court failed to make the requisite findings for its order removing him from parental custody. We reject these contentions, but we remand because the juvenile court failed to declare the offense a misdemeanor or a felony. We otherwise affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND I. Factual background. Reginald W. and Adrian Ceja were neighbors. During the afternoon of March 28, 2012, Ceja was at home when he heard an unusual sound. He went to the living room and noticed that the front door, which had a deadbolt that could only be unlocked from the inside, was open. A screen was missing from the bathroom window, which also was open. Although Ceja didn’t notice anything missing, the Los Angeles Police Department later told him they had boxes belonging to him. The boxes, which contained cables and antennae, belonged to Ceja’s cousin who worked for a cable network. The boxes had been on Ceja’s front porch. That same day, March 28, 2012, police officers went to Reginald’s home and spoke to his mother. She asked Reginald whether he had any boxes. He said that boxes had been left on their front porch, and he picked them up and put them in his closet. He never went outside the house that day. II. Procedural background. A petition filed under Welfare and Institutions Code section 602 on September 20, 2012 alleged count 1, burglary (Pen. Code, § 459) and count 2, receiving stolen property (Pen. Code, § 496, subd. (a)). On October 16, 2012, the juvenile court granted the minor’s motion to dismiss count 1 due to insufficient evidence but sustained the petition as to count 2. The court, on October 25, 2012, ordered Reginald to remain a ward of the court, removed custody from his parents, and placed him in community camp for six months. The court set his maximum term of confinement at four years.