In re Thomas S. CA2/1

Filed 3/25/13 In re Thomas S. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re THOMAS S., a Person Coming Under B241730 the Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ41687)

THE PEOPLE,

Plaintiff and Respondent,

v.

THOMAS S.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Fumiko Hachiya Wasserman, Judge. Affirmed with directions. Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General and Stephanie C. Santoro, Deputy Attorney General, for Plaintiff and Respondent. ____________________________________

A petition charged 14-year-old Thomas S. with vandalism over $400 to a 2010 Honda Civic, license plate number 6LMY945, in violation of Penal Code1 section 594, subdivision (a) (count 1). At the adjudication hearing, Javier G. testified that on May 31, 2011 at 1:35 p.m., he was leaving Granada Middle School with Thomas S. and Adrian J. Thomas S. kicked the side of a red Civic as they walked by the car. The next day, Thomas S. sat on the hood of the Civic, banging the hood with his fist so that the alarm went off. Javier G. had told the principal that Thomas S. fell on the right front fender of the Civic, and told a detective that Adrian J. pushed Thomas S. into the car after Thomas S. told him to. Asked, “Going back to what you remember from what happened May 31, did you see any damage to the vehicle after that day?” Javier G. responded that he saw “[l]ike a dent in the side, like, the rear, like, the car door passenger side.” Asked whether he saw “any damage on the vehicle on the day that [he] said Thomas sat on the car,” Javier G. responded, “Yes. [¶] . . . [¶] On the hood.” Asked, “From him just sitting on the vehicle?,” Javier G. responded: “And banging his fist.” A deputy sheriff testified that when he went to the middle school on May 31, 2011, he saw damage to the Civic‟s driver side door, the right front quarter panel, and the hood, including some damage to the right front fender. The parties stipulated: “[O]n or about May 31, 2011[,] Donna . . . Smith . . . was a registered owner of a Honda Civic license pla[t]e [number] 6LMY945[.] Donna Smith did not give anyone permission to touch her vehicle. Donna Smith did not damage her own vehicle on or about May 31, 2011. Exhibit no. 1 for identification is a fair and accurate depiction of the damage done to her vehicle. The total cost of damages to her car is [$]1,325.26.” Sergio C. testified for the defense that he was walking with the others on May 31, 2011, and saw Adrian J. push Thomas S. into the car, and then Adrian J. kicked the door. Thomas S. asked Adrian J. to push him into the car.