In re M.L. CA5

Filed 7/31/14 In re M.L. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In M.L., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F068454

Plaintiff and Respondent, (Super. Ct. No. JJD063151)

v. OPINION M.L.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. Hugo J. Loza, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Clara M. Levers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Poochigian, J. and Franson, J.

INTRODUCTION At the conclusion of a jurisdiction hearing on October 21, 2013, the juvenile court found that appellant M.L., then a minor, committed first degree residential burglary (Pen. Code, § 459)1 as alleged in a petition filed pursuant to Welfare and Institutions Code section 602.2 The court found appellant had 546 days credit for time served and dismissed the wardship as unsatisfactorily completed. Appellant contends there was insufficient evidence that he committed burglary and seeks reversal of the juvenile court’s orders. We disagree with appellant and will affirm the findings and orders of the juvenile court. FACTS Mario Arogon left his home in Earlimart “intact” at 5:00 a.m. the morning of June 17, 2010, and did not return until 5:00 p.m. When Arogon returned, he found his home vandalized, his television sets were missing, his clothes were strewn around, the mattresses and sofa cushions were on the floor. Arogon was missing $1,000 in currency. No one had permission to be in Arogon’s home that day and he called the police. Arogon did not recognize appellant and did not give him permission to be in the home or to take property from it. Arogon did not recognize a knife found in the bedroom and it did not belong to him. Tulare County Sheriff’s Deputy Joseph Englend was dispatched to investigate the burglary of Arogon’s home. Englend found the point of entry into the home was a rear window from the backyard on the southwest portion of home. The screen had been