In re D.N.

Filed 1/23/18

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

In re D.N., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F075019

Plaintiff and Respondent, (Super. Ct. No. JW132169-01)

v. OPINION D.N.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Kern County. William D. Palmer, Judge.

Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Michael Dolida, Deputy Attorneys General, for Plaintiff and Respondent. –ooOoo–

INTRODUCTION A petition pursuant to Welfare and Institutions Code section 602 was filed on October 28, 2016, alleging D.N. committed two felonies: residential burglary (Pen. Code, § 460, subd. (a); count 1) and theft of a vehicle (Veh. Code, § 10851, subd. (a); count 2). At the conclusion of a contested jurisdiction hearing that began on November 22, 2016, and concluded on November 29, 2016, the juvenile court found both allegations to be true. The People, however, presented no proof of the value of the stolen vehicle. At the disposition hearing on December 13, 2016, the juvenile court exercised its discretion and found the vehicle theft to be a felony. The court committed D.N. to the Pathways Academy and set her terms of probation. The California Supreme Court recently issued its opinion in People v. Page (2017) 3 Cal.5th 1175 (Page), holding that to constitute a felony theft under Vehicle Code section 10851 there must be proof the stolen vehicle had a value exceeding $950. (Page, at pp. 1180–1183.) The high court resolved the issue of whether the value of the stolen vehicle must be shown for the offense to be a felony. Because Penal Code section 490.2 was the law of this state for nearly two years prior to D.N.’s offense, and for more than two years at the time of the jurisdiction hearing, we reject the People’s argument the matter should be remanded for further evidence on the issue of the value of the car. Under the facts of this case, we conclude a remand for additional evidence would violate double jeopardy principles. FACTS Trinie Gonzalez went to sleep in her home between 8:30 and 9:00 p.m. on October 26, 2016. She awoke to the sound of her house alarm and a light shining into her room. Gonzalez discovered her television set was missing. It was later returned by the police. Gonzalez’s neighbor, Mitchell Castillo, had a video surveillance system. Video from that evening showed a male and female enter into Gonzalez’s home through a window before leaving in a car.