In re Albert H. CA2/2

Filed 5/15/14 In re Albert H. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re ALBERT H., a Person Coming Under B250682 the Juvenile Court Law. (Los Angeles County Super. Ct. No. FJ44806)

THE PEOPLE,

Plaintiff and Respondent,

v.

ALBERT H.,

Defendant and Appellant.

THE COURT:*

Albert H., a minor, appeals from the order declaring him a ward of the court pursuant to Welfare and Institutions Code section 602, by reason of his having violated Vehicle Code section 10851, subdivision (a), (unlawful driving or taking of a vehicle), a felony. Appellant was committed to the custody of the probation department to be placed * BOREN, P.J., CHAVEZ, J., FERNS, J.†

† Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

in a long-term camp placement. The juvenile court ordered maximum confinement of 16 years four months. Appellant timely appealed. FACTUAL AND PROCEDURAL BACKGROUND On February 17, 2013, at approximately 7:30 a.m., Kumja Ko arrived at her workplace and parked her 2003 Toyota Camry in the parking lot. At approximately 9:45 a.m. she noticed that her purse containing her car keys was missing. She looked out the window and realized her car was gone. Ko’s workplace had surveillance cameras installed and she watched the videotapes. On one video she saw an African-American man come into her office and grab her purse. On the video that captured the parking lot she saw a different individual drive her car away. That individual had a lighter complexion, wore shorts, a T-shirt, and either a hat or cap. Ko’s coworker, Kyu Sun Yoon, viewed the surveillance videos and helped Ko look for her car. Yoon saw Ko’s car on 42nd Street. There were four “kids” in the car. Yoon called the police and followed the car until it stopped at a park. The four kids exited the car and walked towards the park. Yoon was “almost positive” that appellant was the driver of the car. Los Angeles Police Department (LAPD) Officer Daniel Hayashi was one of several police officers that responded to a call of a vehicle theft. Officer Hayashi received information from the police airship that three juveniles ran into the park and two had been detained. The remaining suspect was a Hispanic male wearing a black shirt and brown shorts. Officer Hayashi found appellant hiding under the bleachers in the gym and detained him. Ko identified appellant at a field line-up as the individual who stole her car. She remembered his complexion from the video. Appellant was wearing the same clothes as the person on the video. Yoon also identified appellant as the driver of the stolen vehicle based on his clothes and complexion. At trial, both Ko and Yoon positively identified appellant.