In re Michael Q. CA3

Filed 5/14/13 In re Michael Q. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin)

In re MICHAEL Q., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, C072849

Plaintiff and Respondent, (Super. Ct. No. 69506)

v.

MICHAEL Q.,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. On September 20, 2012, a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) was filed in San Joaquin County Juvenile Court alleging that minor Michael Q. should be made a ward of the court because he had committed first degree burglary

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(count 1; Pen. Code,1 § 459) and had received stolen property, namely “antique eggs” (count 2; § 496, subd. (a)).2 The minor was released to the custody of his aunt. The juvenile court thereafter found him not suitable for deferred entry of judgment. At the jurisdictional hearing, the juvenile court struck count 2 because of a discovery violation. The evidence at the hearing was as follows: On the afternoon of September 17, 2012, the victim’s neighbor, Victor R., saw a Honda parked by the victim’s home in Lodi, with someone sitting in the passenger seat. Later, Victor R. saw two men putting a television into the car’s trunk; he believed one of them was the man who had been in the passenger seat. Victor R. wrote down the Honda’s license plate number. He then called the victim, Mark S. Returning home 10 minutes later, Mark S. saw that the window in his spare bedroom was broken out and there was a black glove on the bedroom floor. His television was missing. He later discovered that three “alabaster eggs” and an antique clarinet were also gone. Lodi Police Officer Raul Trevino came to Mark S.’s house to investigate the burglary. He took the paper on which Victor R. had written down the Honda’s license plate number and put out a “be on the lookout” bulletin on the Honda. The next day, Lodi Police Officer Joshua Redding made a traffic stop of the Honda. The minor was one of the passengers.