In re I.J. CA2/6

Filed 8/16/21 In re I.J. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re I.J., a Person Coming 2d Juv. No. B308235 Under the Juvenile Court Law. (Super. Ct. No. TJ23612) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

I.J.,

Defendant and Appellant.

Isaac J. appeals an order of the juvenile court sustaining a petition alleging that he had committed first degree residential burglary and second degree burglary of a vehicle. (Pen. Code, §§ 459, 460.)1 The court declared appellant a ward of the court

Unless otherwise indicated, all statutory references are to 1

the Penal Code.

and placed him on home probation. (Welf. & Inst. Code, § 602, subd. (a).) Appellant contends that his conviction of first degree residential burglary must be reversed because the evidence is insufficient to show that the dwelling he entered was inhabited. Appellant argues that we “should modify the judgment to reflect the lesser offense of second degree burglary.” We affirm. Facts Jammy Banuelos saw appellant and an accomplice (the suspects) open the gate leading to the backyard of a house (the house). The house was across the street from Banuelos’s residence. After opening the gate, the suspects “disappeared.” Several minutes later, they exited the house through the front door. The suspects used a coat hanger in an unsuccessful attempt to open the door of a car parked in the house’s driveway. The suspects went back inside the house, exited holding car keys, and entered the car.2 They started the engine but could not drive the car because it had a flat tire. Banuelos testified that the car had been parked in the driveway “for at least a month.” As appellant was committing the burglary, a girl who lived next door also entered the house. She “left with a backpack full of clothes.” The backpack was open, and the clothes inside were “spilling out.” When the girl entered the house, “she didn’t have anything with her.” The girl’s mother yelled “that she didn’t want stolen stuff in her yard.” The mother “tossed all the stuff that was taken” into the front yard of the house.