In re E.G. CA5

Filed 12/4/15 In re E.G. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 re E.G., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F070335

Plaintiff and Respondent, (Super. Ct. No. 12CEJ600188-2A)

v. OPINION E.G.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Kimberly Nystrom-Geist, Judge. Arthur L. Bowie, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Rachelle A. Newcomb and Daniel B. Bernstein, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

The court adjudged appellant E.G. a ward of the court after it sustained allegations charging him with arson of property. (Pen. Code, § 451, subd. (d).)1 On October 10, 2014, the court set appellant’s maximum term of confinement at three years and committed him to a preadolescent program for 63 days. On appeal, appellant contends the juvenile court prejudicially erred when it denied his motion to exclude his statements to fire investigators. We affirm. FACTS On October 26, 2013, appellant, who was then 11 years old, was cited for setting fire to an abandoned mattress in an alley. On September 4, 2014, the district attorney filed a petition charging appellant with arson of a structure. (§ 451, subd. (c).) On September 8, 2014, the district attorney amended the petition to charge appellant with arson of property. At a jurisdictional hearing on September 26, 2014, appellant’s mother testified that she taught appellant the difference between right and wrong and that appellant knew it was wrong to set other people’s property on fire. She also testified that in 2012 appellant attended a class in fire safety and that he received a certificate from that class. Fresno Fire Captain Joella Garcia testified that on October 26, 2013, at 1:00 p.m., she responded to an alley behind an apartment complex on a report of a possible fire and found an abandoned mattress with a charred area that was approximately two feet by three feet. Based on her investigation, she concluded that the mattress had been set on fire. Fresno Police Officer Seng Yang testified that he also responded to the alley where the burnt mattress was located. Officer Yang spoke to a juvenile who told him the mattress had been burned by a juvenile whom he knew as “Ogre” and he provided the officer with an address. Officer Yang went to the address and spoke to appellant, who