In re B.G. CA3

Filed 9/4/20 In re B.G. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re B.G., a Person Coming Under the Juvenile Court C081515 Law.

THE PEOPLE, (Super. Ct. No. JV136978)

Plaintiff and Respondent,

v.

B.G.,

Defendant and Appellant.

A juvenile wardship petition alleged two counts against the minor B.G.: unlawful driving and taking of a motor vehicle and receiving a stolen motor vehicle. (Veh. Code, § 10851, subd. (a); Pen. Code, § 496d, subd. (a).)1 Following a contested jurisdictional hearing, the court sustained the petition and reduced the counts to misdemeanors. The

1 Undesignated statutory references are to the Vehicle Code.

1

court adjudged the minor a ward of the court and committed him to juvenile hall. The minor appeals, challenging the sufficiency of the evidence and arguing the true findings on both counts violate the proscription against dual conviction. We shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND A juvenile wardship petition alleged the minor committed two crimes: count one, unlawful driving and taking of a motor vehicle and count two, receiving a stolen motor vehicle. The minor waived formal arraignment and the court ordered the minor detained. A contested jurisdiction hearing followed. The following facts were presented at the hearing. In December 2015 Rigoberto Reyes was keeping watch over his brother-in-law Jose Ortega’s house. When Reyes went by the house on December 10, 2015, Ortega’s BMW and Honda were there. However, on December 13, 2015, both cars were gone. Reyes went into the house and discovered the car keys and other valuables were gone and the house had been ransacked. Ortega had not given anyone permission to take or drive his cars. Two days later the minor was driving Ortega’s Honda in Sacramento. Officer Phillip Monelo ran the license plate and discovered the Honda had been reported stolen. Officer Monelo pulled the Honda over and requested the minor get out of the car. The minor did not offer an explanation as to where he got the car and did not provide a bill of sale, pink slip, transfer of title, or registration for the car. Nor did he provide a driver’s license. The minor told Officer Monelo he used to live in Woodland, but had recently moved to Sacramento. Officer Monelo read the minor his Miranda2 warnings and the minor invoked his right to remain silent. No pink slip was found in the