In re C.G. CA1/3

Filed 9/24/14 In re C.G. CA1/3 Opinion following rehearing NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

In re C.G., a Person Coming Under the Juvenile Court Law.

PEOPLE, Plaintiff and Respondent, v. A140135 C.G., (San Mateo County Defendant and Appellant. Super. Ct. No. JV81137)

In re C.G., a Minor, A141593 On Habeas Corpus.

This is an appeal from the jurisdictional and dispositional orders of the juvenile court in juvenile delinquency proceedings involving minor C.G. Minor raises three legal issues on appeal, all of which are conceded by the People. Having reviewed the record, we agree with the parties that the challenged orders must be reversed and the matter remanded to the juvenile court to correct certain errors made therein.

FACTUAL AND PROCEDURAL BACKGROUND On August 5, 2013, a juvenile wardship petition was filed pursuant to Welfare and Institutions Code section 602, subdivision (a) (the petition) alleging that minor committed an attempted residential burglary and conspiracy to commit attempted residential

1

burglary.1 On September 10, 2013, a contested jurisdictional hearing was held at which the following evidence was presented. On August 2, 2013, between approximately 8:00 and 8:45 a.m. in Menlo Park, minor and another youth were riding bicycles in the neighborhood near 14th and 18th Avenues. Both boys were wearing hats. Upon arriving at the residence at 860 14th Avenue, where a family with three children lived, the boys left their bicycles and approached the front door. Neighbors observed one of the boys, later identified as minor, first knock on the door and ring the door bell, before “kind of lean[in] into the door as if he was trying to hear sound from inside the house.” The neighbor then saw minor peer into the window to the left of the front door, before gaining entry into the yard through a gate on the left side of the house. A short time later, the 16-year-old girl who lived in the home heard a noise outside her bedroom window. Upon peeking through her window, she observed a person wearing a colorful beanie hat, later identified as being worn by the other youth. When police responded to the scene, the officer observed a corner of the screen to the window was bent and actually pulled away from the windowsill. A neighbor later identified minor as one of the boys who had been seen entering or exiting the pathway to the side of the house. The same morning, another resident of this neighborhood was awoken by someone knocking on her front door. When she answered the door, she saw a boy wearing a baseball hat, later identified as minor, looking through the window next to the door. Minor nervously asked her, “Is Christian there?” The resident did not know any person named Christian, so closed the door before opening it again to ask for “Christian’s” last name. Before turning around and leaving on his bicycle, minor responded with a name sounding like “Aguilara.” The resident called the police.