In re Brandon W. CA1/1

Filed 5/8/13 In re Brandon W. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re BRANDON W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. A136656 BRANDON W., (Alameda County Defendant and Appellant. Super. Ct. No. SJ-12-189211)

In this case, a petition was filed pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging minor committed first degree burglary (Pen Code, § 459). On September 7, 2012, at a contested jurisdictional hearing, the juvenile court sustained the petition. On September 21, 2012, the court declared appellant a ward of the court under the supervision of the probation department, finding that continued residing in the home of his grandmother was not in the best interests of the minor, and committed appellant to the care of the probation department. The appellant now challenges the sustaining of this petition. We affirm the judgment of the trial court. STATEMENT OF FACTS On October 15, 2011, around 12:45 p.m. Yolanda Alexander-Maker approached her home at 1414 Fairview, Berkeley, California. She is African-American. She noticed two African-American youths pass her on the sidewalk. One was medium-brown in skin

tone, the other light, each one was “fairly tall.” They appeared to be in their teens or early twenties. When Alexander-Maker said “hello” to the youths, only the medium- brown skinned male responded. The other kept going. She then saw a third male following behind the two. She thought the three were together but they clearly were not walking together. This gave her a “bad feeling.” Alexander-Maker had occupied her home for over 50 years. She knew the people in her neighborhood and had not seen the three youths before. As she entered her home, Alexander-Maker noticed the first two men were gone but the third person was resting on the trunk of a red Honda, looking up and down the street. Alexander-Maker telephoned the police because she was suspicious. Looking out her front window, she saw the first two men walk down a driveway of a neighbor’s home and speak with the man at the Honda. Alexander-Maker then saw the two go back up the neighbor’s driveway and disappear. Alexander-Maker testified the appellant resembled the lighter-skinned male she saw on the street. Jeanne Song lived in the home which had the driveway the two walked back and forth from, 1422 Fairview. It was a single-family residence. On October 15, 2011, Song and her daughter had gone to Santa Cruz around 8 a.m. Song locked her home before leaving. Around 6 p.m., while in the town of Santa Cruz, she received a phone message from Berkeley police. She returned the call and learned her home had been burglarized. Song returned home on the 16th. She found a window in her living room broken and boarded up. The driveway was adjacent to this window. Song’s burglar alarm went off when the intruders had exited her home. She also learned the sensor batteries in her windows did not operate properly. Inside the home, Song saw that furniture had been moved. Her daughter’s computer, iPod dock, some jewelry, a backpack and camera were missing. Cash was missing from Song’s bedroom and the drawers were all open. Her computer was also