In re Christian L. CA2/7

Filed 5/15/13 In re Christian L. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 CHRISTIAN L., B238930

a Person Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. VJ41601)

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTIAN L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Philip K. Mautino, Judge. Reversed. Courtney M. Selan, 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, Kenneth C. Byrne and Baine P. Kerr, Deputy Attorneys General, for Plaintiff and Respondent. __________________________

Appellant Christian L. appeals from the juvenile court’s order placing him on six months probation without wardship (Welf. & Inst. Code, § 725, subd. (a)). Appellant contends the evidence is insufficient to support the finding he committed the misdemeanor offense of throwing a substance at a vehicle. We agree and reverse.1

FACTUAL AND PROCEDURAL BACKGROUND

A. The Petition A petition filed pursuant to Welfare and Institutions Code section 602 alleging appellant, then 14 years old, had committed misdemeanor vandalism was amended by the People to allege a single count of throwing a substance at a vehicle in violation of Vehicle Code section 23110, subdivision (a), a misdemeanor.