In re Edgar G. CA2/7

Filed 5/15/13 In re Edgar G. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re EDGAR G., B240984

a Person Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. VJ39236)

THE PEOPLE,

Plaintiff and Respondent,

v.

EDGAR G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Heidi M. Shirley, Juvenile Court Referee. Reversed with directions. Jasmine Patel, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

INTRODUCTION

A petition was filed in April 2012 pursuant to Welfare and Institutions Code section 602 alleging appellant Edgar G., then 17 years old, had committed the offenses of unlawfully driving or taking a vehicle, a Honda Pilot belonging to Sophia Diaz (Veh. Code, § 10851, subd. (a); count 1), and receiving stolen property, a backpack (Pen. Code, § 496, subd. (a)). At the jurisdiction hearing, the People successfully moved to amend the petition to add an allegation of second degree burglary (Pen. Code, § 459) as count 3. The juvenile court subsequently found true counts 1 and 3, but dismissed count 2. We agree with appellant that the belated amendment of the petition to add the allegation of second degree burglary violated his due process rights. We reverse the true finding on count 3 and remand for a new disposition hearing.