In re L.B. CA3

Filed 6/24/15 In re L.B. CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re L.B., a Person Coming Under the Juvenile Court C075558 Law.

THE PEOPLE, (Super. Ct. No. JV135572)

Plaintiff and Respondent,

v.

L.B.,

Defendant and Appellant.

The minor, L.B., appeals the true finding that she concealed stolen property. She claims there is insufficient evidence to support the true finding, because the cell phone was not stolen when she received it and she returned it the following day, upon request. We affirm the juvenile court’s order.

1

FACTUAL BACKGROUND1 On October 7, 2013, James B., a ninth grade student at San Juan High School was in the after school program, playing on the computer. His friend, Daniel B., asked to borrow his cell phone and James gave it to him. Sometime later, Daniel told James, “I think someone took your phone.” He went on to say he had given the phone to the minor. The minor approached James and told him she gave the phone to someone else. James never gave the minor permission to take or have his phone. James contacted the school security officer, Ed Sheehan, about his missing phone. James gave the officer the names of several students who might be involved. Officer Sheehan spoke to the students. One of the students told him that Daniel gave the phone to her and she gave it to the minor. Officer Sheehan advised Citrus Heights Police Officer Dwight Turner, the school resource officer, about the theft of the phone. Officer Turner spoke to several students. He was told the phone was passed around a few times. The minor told Officer Turner she did not have the phone. She claimed she gave it to another student. She did not know the student’s name nor could she describe or identify the student. She admitted she knew the person she gave the phone to was not the owner. Sheehan and Officer Turner spoke with several other students and learned the minor had the phone hidden on her person. When Officer Turner informed the minor he intended to get a female officer to conduct a thorough search of her person, the minor admitted she had the phone hidden in her pants. Officer Turner left the room, and, when he came back, the phone was on his desk. He contacted James and returned the phone to him.