In re Bryant v. CA2/2

Filed 7/14/15 In re Bryant V. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 BRYANT V., a Person Coming Under B256963 the Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ43575)

THE PEOPLE,

Plaintiff and Respondent,

v.

BRYANT V.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Kevin L. Brown, Judge. Affirmed.

Holly Jackson, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

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The Los Angeles County District Attorney filed a petition pursuant to Welfare and Institutions Code section 602 alleging that Bryant V. (minor) was guilty of vandalism causing under $400 in damages (Pen. Code, § 594, subd. (a)),1 and possession of tools to commit vandalism (§ 594.2, subd. (a)). The petition was sustained and the minor was declared a ward of the juvenile court. On appeal, the minor contends that there was insufficient evidence to establish that the pole he vandalized was not his property. We find no error and affirm. FACTS The prosecution presented evidence of the following: On the morning of April 25, 2013, Deputy Larry Flores of the Los Angeles County Sheriff’s Department was on patrol in the City of Bellflower near 5-Star Custom Wheels and Accessories, which was adjacent to a used car dealership. The minor squatted down and wrote something on the side of a white pole situated on a patch of grass next to the sidewalk and between the two businesses. Deputy Flores detained the minor and found a red marker in the front pocket of his sweatshirt. In addition, Deputy Flores observed the word “Negro” written in red on the pole. After the minor was admonished pursuant to In re Gladys R. (1970) 1 Cal.3d 855, 862, he said he knew it was wrong to commit vandalism. At the time of the detention, the minor was 13 years old. When the prosecution rested, the minor moved to dismiss based on insufficient evidence. Inter alia, he argued that the prosecution failed to prove that he was not the owner of the white pole. The juvenile court disagreed, relying on In re Rudy L. (1994) 29 Cal.App.4th 1007 (Rudy L.) and language in section 594, subdivision (a) giving rise to a permissive inference that a person who vandalizes real property or a fixture does not own the property. The minor was declared a ward of the juvenile court and placed home on probation.