In re K.R. CA2/2

Filed 3/9/16 In re K.R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.R., a Person Coming Under the B265588 Juvenile Court Law. (Los Angeles County Super. Ct. No. MJ22978)

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff and Respondent,

v.

K.R.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Nancy S. Pogue, Commissioner. Affirmed. Gerald Peters, 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, Paul M. Roadarmel, Jr. and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent.

Minor K.R. (appellant) appeals from the juvenile court’s order sustaining a petition filed on January 2, 2015, pursuant to Welfare and Institutions Code section 602, alleging that appellant committed both first degree burglary (Pen. Code, § 459)1 (count 1) and second degree burglary (§ 459) (count 2). The petition further alleged that during the residential burglary (count 1), a person other than an accomplice was present at the residence causing the offense to be a violent felony within the meaning of section 667.5, subdivision (c). The juvenile court also sustained a second Welfare and Institutions Code section 602 petition, filed on January 5, 2015, after appellant admitted one felony count of threatening a public officer (§ 71), and a misdemeanor count of battery on a school employee (§ 243.6). Based on both petitions the juvenile court declared appellant to be a ward of the court, placed him in a camp community placement program for five to seven months, and set a maximum term of confinement at seven years eight months. Appellant contends there was insufficient evidence to establish the second degree burglary offense and that the sentence imposed for that offense should have been stayed pursuant to section 654. Since substantial evidence supports the order sustaining the second degree burglary offense and the juvenile court’s imposition of sentence for that offense, we affirm the orders. BACKGROUND At approximately 1:00 pm. on December 30, 2014, Albert Frye was home, listening to music when he heard a rumbling or rattling sound next to the house and felt the nearby wall vibrate. He went downstairs to the attached garage to investigate. The access between Frye’s home and the garage was through a laundry room door. Another door in the garage opened into Frye’s sideyard. Frye opened the side yard door and did not see anything amiss. He then entered the sideyard and walked to the corner of the house. He poked his head around the corner and looked into the backyard where he saw two black males walking away from him toward a storage shed located approximately 40