In re Jacob T. CA2/1

Filed 12/30/14 In re Jacob T. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re JACOB T., a Person Coming Under B256542 the Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ44027)

THE PEOPLE,

Plaintiff and Respondent,

v.

JACOB T.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Fumiko Hachiya Wasserman, Judge. Affirmed. Anthony W. Tahan, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________

A Welfare and Institutions Code section 602 petition filed January 14, 2014 alleged that on or about October 8, 2013, Jacob T., then 13 years old, committed vandalism in violation of Penal Code section 594 subdivision (a). Jacob T. denied the charge. At the adjudication hearing, Curtis Duran testified that he taught earth science at Jacob T.’s high school. On October 8, 2013, he arrived at school before classes began and as was his custom, he checked his classroom for tagging. Jacob T. was a student in Duran’s second period class. When second period began, the students came in and took seats, and Duran then told them to grab their stuff and go to the back of the room so he could seat them in new seats. Jacob T. was standing in the right-hand corner talking and not paying attention, so Duran told him to move, and Jacob T. moved over to the left hand side by some cabinets. Duran began to call the students’ names one by one, and he noticed Jacob T. crouched down with his back to Duran and facing a cabinet toward the wall. Duran thought Jacob T. was picking something up or putting something in his backpack; he could not see what Jacob T. was doing with his hands. When Duran called Jacob T.’s name, he got up and took a seat. After second period, Duran patrolled the classroom and noticed the word “bitch” written twice on the cabinet in front of which Jacob T. had been crouched down. Jacob T.’s father testified that although he had never discussed it directly with Jacob T., it was an “unspoken rule” that he should not deface other people’s property. The defense made a motion to dismiss under In re Gladys R. (1970) 1 Cal.3d 855, 858, 862.) The prosecutor argued that Jacob T. knew he was not supposed to deface other people’s property and the elements of the offense had been met. Defense counsel argued that there was no evidence that Jacob T. wrote on the wall, and that the prosecution had not proven that Jacob T. knew his conduct was wrong. The court denied the motion. Jacob T. testified that when Duran was changing the seats, he saw “skinny, skinny writing” on the cabinet. He had gone over to the cabinet to get his backpack, but he never wrote on it. On cross-examination, he admitted he had been upset with Duran.