In re H.O. CA2/5

Filed 2/5/16 In re H.O. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re H.O., a Person Coming Under the B263389 Juvenile Court Law. (Los Angeles County Super. Ct. No. NJ27633)

THE PEOPLE,

Plaintiff and Respondent,

v.

H.O.,

Minor and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, John C. Lawson, II, Judge. Affirmed. Holly Jackson, under appointment by the Court of Appeal, for Minor and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, Chung L. Mar, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION The juvenile court sustained the allegations of a petition filed by the District Attorney of Los Angeles County alleging defendant and appellant H.O. committed the crime of driving or taking a vehicle without the owner’s consent (Veh. Code, § 10851 subd. (a)1). H.O. argues the order sustaining the petition and declaring H.O. a ward of the court (Welf. & Inst. Code, § 602) should be reversed because the evidence was insufficient to prove he had the specific intent to deprive the vehicle’s owner of the vehicle. We affirm.

FACTS Sometime between about 5:00 p.m. and 11:00 p.m., on February 8, 2015, Armando Lopez’s 2000 Chevy Silverado vehicle was stolen. The vehicle had been parked on the street in the front of Lopez’s yard. Lopez did not give H.O. permission to take or drive the car. After discovering the vehicle was stolen, Lopez filed a stolen vehicle report stating the vehicle’s license plate number. At about 3:35 p.m. on February 9, 2015, Los Angeles Police Department (LAPD) Officer Luis Carmona was in the area of Lopez’s home when he observed a Silverado drive through a stop sign. Officer Carmona’s partner entered the Silverado’s license plate number into the mobile computer and determined the vehicle had been reported stolen. The license plate number for the Silverado was the same license plate number as that of Lopez’s stolen vehicle. Shortly after 3:35 p.m., LAPD Officer Maura Cooney saw the Silverado stopped at a red light. Officer Cooney’s attention was attracted to the Silverado because “[a]nother [police] unit” determined it was a stolen vehicle. Officer Cooney identified H.O. as the driver of the Silverado. H.O. parked along a street curb. Officer Cooney stopped the patrol vehicle and, with the doors of her vehicle open, she waited for other units to arrive. While H.O. was